‘Rose-Marie Drury, Principal Associate at Mills and Reeve, consider the important news and case law relating to financial remedies and divorce during August 2021.’
Family Law Week, 9th September 2021
Source: www.familylawweek.co.uk
‘The recent case of E v L has once again brought to the fore short marriages and their treatment within financial remedy cases.’
Family Law, 3rd September 2021
Source: www.familylaw.co.uk
‘The parties became engaged in 2016 married in 2017 and separated in 2019. The parties disagreed over the date of cohabitation, the wife saying 2016 and the husband denying there was any cohabitation before marriage.’
Becket Chambers, 13th August 2021
Source: becket-chambers.co.uk
‘In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave “hot-tub” evidence as to the value of one of the husband’s companies.’
1 GC: Family Law, 10th August 2021
Source: 1gc.com
‘A landmark judgment that could bring part of UK law into line with sharia law’s position on “bride price” payments is to be announced this week in the central London county court, in a case backed by a women’s charity.’
The Guardian, 16th August 2021
Source: www.theguardian.com
‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’
Family Law, 8th July 2021
Source: www.familylaw.co.uk
‘A wedding planner who conned would-be brides and grooms out of thousands of pounds has been jailed for five years.’
BBC News, 5th June 2021
Source: www.bbc.co.uk
‘Outdoor civil wedding and partnership ceremonies in England and Wales are set to be legalised for the first time – offering greater choice to couples in a boost to the wedding sector.’
Ministry of Justice, 20th June 2021
Source: www.gov.uk
‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’
Park Square Barristers, 15th June 2021
Source: www.parksquarebarristers.co.uk
‘This article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal recognition. The available statistical information on the take-up of same sex civil partnerships and marriages is analysed and evaluated, and an early estimation made of their dissolutions and divorces. The possible implications of recent trends are considered, and a personal appraisal made of prospects for the immediate future. To a lay person, the sequence of introducing civil partnerships and same-sex marriage in England and Wales has been a curious, if not puzzling, progression, perhaps only really understood by the initial opposition to (same sex) civil partnerships, and in particular that they should not be accorded equivalence to marriage. The whole story[1] is also simultaneously one of developing pressure, firstly for the availability of a legal union for same sex couples, and then for greater freedom of choice, and for equal status. The latter was only achieved for civil partnerships[2] after much effort.’
Family Law, 11th June 2021
Source: www.familylaw.co.uk
‘A legal loophole that allows 16- and 17-year-olds in England and Wales to marry with parental consent is being exploited and used to coerce young people into child marriage, campaigners have warned.’
The Guardian, 4th May 2021
Source: www.theguardian.com
‘The £140 fee to apply for a gender recognition certificate will be cut to “single figures” from next month, according to government sources.’
BBC News, 7th April 2021
Source: www.bbc.co.uk
‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’
Law & Religion UK, 26th March 2021
Source: lawandreligionuk.com
‘A “patriarchal” law which allows a marriage to be annulled if it has not been consummated must be reformed, the wife of a tech boss has said after she won a legal battle for a divorce.’
Daily Telegraph, 16th February 2021
Source: www.telegraph.co.uk
‘Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one?’
Law & Religion UK, 12th January 2021
Source: lawandreligionuk.com
‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’
Pump Court Chambers, 8th January 2021
Source: www.pumpcourtchambers.com
‘Chris and Henry Flanagan-Kane were the first gay men in the UK to get a civil partnership back in 2005.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
‘The Guardian’s Amelia Gentleman wrote her first story on the Windrush scandal almost three years ago – yet she is still hearing from people facing injustice. Alexandra Ankrah, the most senior black Home Office employee in the team responsible for the Windrush compensation scheme, discusses why she resigned this year, describing the scheme as systemically racist and unfit for purpose while Samantha Cooper describes her frustrations with trying to access financial help.’
The Guardian, 24th November 2020
Source: www.theguardian.com
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