divorce – Page 11 – Current Awareness

Changes to Capital Gains Tax Reliefs When Spouses and Civil Partners Separate – Pump Court Chambers

Posted May 6th, 2020 in capital gains tax, chambers articles, civil partnerships, divorce, families, married persons, news, taxation by sally

‘Among all the other changes being made to people’s financial arrangements, firstly as a result of our anticipated Brexit, and then as a result of the Covid-19 pandemic, and their concomitant impact on economies, both macro and micro, share values, savings rates and property values, it’s easy to forget that significant changes have also been made to personal tax arrangements. For those in marriages or civil partnerships who are separating, or for those who have already separated and are going through divorce or dissolution proceedings and their associated financial remedy proceedings, that includes changes to Capital Gains Tax.’

Pump Court Chamber, 27th April 2020

Source: www.pumpcourtchambers.com

How Does Cohabitation Affect Divorce Settlement? – St Paul’s Chambers

Posted April 28th, 2020 in cohabitation, divorce, news by sally

‘Going through a divorce can be an overwhelming process whereby those involved are seeking answers and security during a time of uncertainty. Questions often asked by divorcing spouses signing up to spousal maintenance orders in favour of their soon-to-be former spouse may be, “what happens if they cohabit? How does cohabitation affect divorce settlement? Surely I will not have to continue to pay maintenance in these circumstances?”. And the answer is that you might. Cohabitation after divorce and cohabitation before divorce is final do not necessarily have bearing on spousal maintenance payments, division of goods, or their rights in a divorce, unless clearly stipulated in your court order.’

St Paul's Chambers, 23rd April 2020

Source: www.stpaulschambers.com

Solicitor “dipped into” divorce client’s funds – Legal Futures

Posted April 24th, 2020 in disciplinary procedures, divorce, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A solicitor who “dipped into” a divorce client’s money, repeatedly lied about it and warned her not to complain to the Solicitors Regulation Authority (SRA) or Legal Ombudsman (LeO) has been struck off.’

Legal Futures, 24th April 2020

Source: www.legalfutures.co.uk

UK lawyers inundated by divorced parents arguing over lockdown custody – The Guardian

Posted April 8th, 2020 in children, coronavirus, custody, divorce, families, news by sally

‘Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.’

The Guardian, 7th April 2020

Source: www.theguardian.com

Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub

Posted March 26th, 2020 in appeals, children, divorce, families, interpretation, islamic law, marriage, news by sally

‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’

Oxford Human Rights Hub, 17th March 2020

Source: ohrh.law.ox.ac.uk

Divorce bill must not overlook pensions – Society – Law Society’s Gazette

Posted March 18th, 2020 in bills, divorce, families, financial dispute resolution, financial provision, Law Society, news, pensions by sally

‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’

Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

Islamic Nikah ceremony and marriage validity – Family Law

Posted March 13th, 2020 in appeals, divorce, families, financial provision, Islam, islamic law, marriage, news by tracey

‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’

Family Law, 12th March 2020

Source: www.familylaw.co.uk

Wife in one of Britain’s largest-ever divorce cases succeeds in latest enforcement action against her former husband – Family Law

Posted March 12th, 2020 in divorce, financial provision, freezing injunctions, insolvency, joinder, jurisdiction, news by tracey

‘In this article, we look at the recent decision in the ongoing and highly publicised divorce case of Akhmedova v Akhmedov. This decision is the latest in a long run of enforcement cases brought by the wife against her former husband, who, in 2016, was ordered to pay her one of the largest reported financial settlements in England. While the judge was critical of the husband’s reorganisation of his assets to put and keep them beyond the wife’s reach, this is not the end of the road for this case. This judgment is simply another stepping-stone towards the wife realising the award she is entitled to.’

Family Law, 11th March 2020

Source: www.familylaw.co.uk

Financial Remedy Update March 2020 – Family Law Week

Posted March 10th, 2020 in divorce, financial provision, news by tracey

‘Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.’

Family Law Week, 9th March 2020

Source: www.familylawweek.co.uk

Court of Appeal clarifies the law on marriage formalities (Akhter v Khan) – Family Law

Posted March 5th, 2020 in divorce, financial provision, Islam, marriage, news by tracey

‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’

Family Law, 5th March 2020

Source: www.familylaw.co.uk

The traps in the Divorce etc Bill that could cause as much harm as finding fault – Family Law

Posted March 5th, 2020 in bills, divorce, news, notification, time limits by tracey

‘Traditional marriage etiquette recommends sending out wedding invitations 6-8 weeks before the big day. Under the proposed new divorce reform, a spouse might have the same amount of notice of the ending of their marriage.’

Family Law, 5th March 2020

Source: www.familylaw.co.uk

When the end is not the end…. Until clean break us do part – 5 SAH

Posted March 4th, 2020 in chambers articles, children, divorce, families, financial provision, news by sally

‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:

– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’

5 SAH, 26th February 2020

Source: www.5sah.co.uk

Solicitor wife compensated on divorce for career loss – Legal Futures

Posted March 3rd, 2020 in divorce, financial provision, maternity leave, news, partnerships, pregnancy, solicitors by sally

‘A solicitor who sacrificed possible partnership at a magic circle law firm to have children has been awarded an extra £400,000 in her divorce settlement with an equity partner at the same firm.’

Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

The treatment of future earnings – Family Law

Posted February 27th, 2020 in divorce, financial provision, news, remuneration by tracey

‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’

Family Law, 26th February 2020

Source: www.familylaw.co.uk

EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’

Law Pod UK, 24th February 2020

Source: audioboom.com

Muslim Non-Marriages – Becket Chambers

Posted February 21st, 2020 in appeals, chambers articles, divorce, Islam, islamic law, marriage, news by sally

‘In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall were not and never had been married!’

Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Peers alarmed at Henry VIII powers in divorce bill – Law Society’s Gazette

Posted February 20th, 2020 in bills, divorce, news, parliament by sally

‘The House of Lords has urged the government to chop elements of the divorce bill that would enable the lord chancellor to radically alter the reforms without parliamentary scrutiny.’

Law Society's Gazette, 19th February 2020

Source: www.lawgazette.co.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

Posted February 17th, 2020 in chambers articles, conflict of interest, dispute resolution, divorce, families, family courts, financial provision, news by sally

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

Appeal Court rules Islamic marriages invalid in UK – BBC News

Posted February 17th, 2020 in appeals, divorce, Islam, islamic law, marriage, news by sally

‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’

BBC News, 14th February 2020

Source: www.bbc.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

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