Financial Remedies – Non Matrimonial Property – 33 Bedford Row
‘Financial Remedies – Non Matrimonial Property.’
33 Bedford Row, 2nd September 2024
Source: www.33bedfordrow.co.uk
Category: marriage
Cohabitation and Separation: When Does the Clock Start and Stop? – Financial Remedies Journal
‘Since the two seminal decisions of the House of Lords, first in White v White [2000] 2 FLR 981 and then in Miller v Miller; McFarlane v McFarlane [2006] 1 FLR 1186, introduced practitioners to the potentially crucial distinction (in sharing cases, at least) between matrimonial and non-matrimonial property, and the decision of Nicholas Mostyn QC (as he then was) in GW v RW (Financial Provision: Departure from Equality) [2003] 2 FLR 108 introduced into orthodoxy the practice of treating seamless pre-marital cohabitation as, or at least as if it were, part of a marriage, the question of when parties commenced cohabitation has assumed an important significance (although, unlike the ES1, Form E still does not require them to set out when they say that was), alongside the question of when they separated.’
Financial Remedies Journal, 22nd August 2024
Source: financialremediesjournal.com
Serial killer Levi Bellfield blocked from having civil partnership – The Guardian
‘The serial killer Levi Bellfield has been blocked from having a civil partnership, after a new law came into force stopping the most serious offenders getting married behind bars.’
The Guardian, 2nd August 2024
Source: www.theguardian.com
Paranoid Delusion, Undue Influence, and Predatory Marriage: Langley v Qin – New Square Chambers
‘Judgment has now been handed down in Langley v Qin, a dispute over the will of Robert Harrington
who, at the age of 93, married his carer, Ms Qin, then aged 54.’
New Square Chambers, 15th April 2024
Source: newsquarechambers.co.uk
Voidable marriages – Ecclesiastical Law Journal
‘This article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.’
Ecclesiastical Law Journal, 18 January 2024
Source: www.cambridge.org
Vulnerable adults and non-recognition of marriage – Local Government Lawyer
‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’
Local Government Lawyer, 15th March 2024
Source: www.localgovernmentlawyer.co.uk
Family who left arranged marriage bride in vegetative state after she was forced to take pills jailed – The Independent
‘A family who left an arranged marriage bride in a vegetative state after she was forced to take pills and doused with a corrosive substance has been jailed.’
The Independent, 14th February 2024
Source: www.independent.co.uk
British woman still married to ‘prominent’ Indonesian businessman – judge rules – The Independent
‘The estranged British wife of a “prominent” Indonesian businessman who wants a judge in England to decide how much she walks away with has won an initial round of a London divorce fight.
Deputy High Court Judge James Ewins has ruled that Monisha Mahtani, 49, is still married to husband Vivek Mahtani, 51, under English law.’
The Independent, 27th November 2023
Source: www.independent.co.uk
Ombudsman decision on overpayment – Pensions Barrister
‘In this casenote, Paul Newman KC considers the recent decision of the Deputy Pensions Ombudsman in the matter of Mrs S, whose widow’s pension in the Teacher’s Pension Scheme had terminated by reason of remarriage – unknown to the administrator.’
Pensions Barrister, 26th October 2023
Source: www.pensionsbarrister.com
An update to the Wills Act 1837 – Mills & Reeve
‘On 5 October 2023, the Law Commission began a consultation into the use of electronic wills and the effect of a marriage or civil partnership on an existing will.’
Mills & Reeve, 12th October 2023
Source: www.mills-reeve.com
New legislation could introduce electronic wills “immediately” – Legal Futures
‘A new Wills Act could permit electronic wills to be introduced “immediately”, rather than enabling the Lord Chancellor to introduce them by statutory instrument at some point in the future, the Law Commission has said.’
Legal Futures, 5th October 2023
Source: www.legalfutures.co.uk
London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC – 5SAH
‘A marital property regime is a system of property ownership between spouses. Property includes landed property, chattels, money in a bank account, businesses, shares in companies and claims (eg a loan). Marital property regimes differ from country to country. In some countries the matrimonial regime is imposed by operation of law and arises automatically upon marriage. Many civil law countries allow parties to select a matrimonial regime. This is usually by way of a pre-nuptial agreement.’
5SAH, 27th September 2023
Source: www.5sah.co.uk
Tying the Knot Abroad – Family Law
‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’
Family Law, 2nd October 2023
Source: www.familylaw.co.uk
Invalid marriages and non-qualifying ceremonies: Tousi – Law & Religion UK
‘In Tousi v Gaydukova [2023] EWHC 404 (Fam), Mr Tousi was an Iranian national and Ms Gaydukova a Ukrainian: both had UK citizenship. They were married at the Iranian Embassy in Kyiv in 1997 but the marriage was not “registered” with the Ukrainian state authorities. According to Ms Gaydukova, they were well aware of the need to register and on three occasions she attempted to do so, but Mr Tousi refused to cooperate. Mr Tousi argued that “he chose not to register the marriage because he saw it as a celebratory social event in which he was uninterested”.’
Law & Religion UK, 2nd October 2023
Source: lawandreligionuk.com
Tying the Knot Abroad – Family Law
‘For those romantics, escapees from tradition (Las Vagas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised?’
Family Law, 14th September 2023
Source: www.familylaw.co.uk
Forced marriage and the inherent jurisdiction – Local Government Lawyer
‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’
Local Government Lawyer, 15th September 2023
Source: www.localgovernmentlawyer.co.uk
Serial killer Levi Bellfield wins battle to marry in prison – The Independent
‘Serial killer Levi Bellfield is to be allowed to marry after prison officials accepted there is no way to stop him under current laws.’
The Independent, 16th June 2023
Source: www.independent.co.uk
Ministers can veto prisoners’ parole in Victims and Prisoners Bill – BBC News
‘Ministers will be able to block the release of some prisoners and stop others getting married under new plans to overhaul the parole system.’
BBC News, 29th March 2023
Source: www.bbc.co.uk
Whole life sentence prisoners face ban from marrying under Government plans – The Independent
‘Prisoners serving whole life sentences would be prevented from marrying under new Government plans.’
The Independent, 18th March 2023
Source: www.independent.co.uk
