Category: divorce

The Divorce, Dissolution and Separation Bill – Family Law

Posted October 14th, 2019 in bills, divorce, families, marriage, news by tracey

‘Over the past 12 months, there has been much media coverage regarding reforming this country’s divorce system. To date, concerns about protecting the sanctity and institution of marriage have prevented the law from keeping up with the modern family and changing societal values. However, following the high profile case of Owens v Owens the government proposed changes to legislation in September 2018. Stewarts took part in the consultation on these changes, and here, Lucy Gould discusses the proposed legislation and its historical context.’

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Family Law, 11th October 2019

Source: www.familylaw.co.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

Posted October 11th, 2019 in divorce, families, family courts, fees, financial dispute resolution, financial provision, news, statistics by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

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Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Divorcing couples: beware the capital gains tax trap – OUT-LAW.com

Posted October 10th, 2019 in capital gains tax, divorce, matrimonial home, news, penalties, sale of land, time limits by tracey

‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’

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OUT-LAW.com, 8th October 2019

Source: www.pinsentmasons.com

Capitalised maintenance: a court-free solution? – Family Law

Posted October 3rd, 2019 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

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Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

Posted September 27th, 2019 in care orders, children, delay, divorce, electronic filing, families, family courts, Ministry of Justice, news, pilot schemes, statistics, time limits by tracey

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

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Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

Non-disclosing husband fails in challenge to Court of Appeal – Family Law

Posted September 12th, 2019 in disclosure, divorce, financial provision, Judaism, news, periodical payments by tracey

‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’

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Family Law, 10th September 2019

Source: www.familylaw.co.uk

Financial Remedy Update, September 2019 – Family Law Week

Posted September 9th, 2019 in appeals, bills, civil procedure rules, cohabitation, divorce, families, financial dispute resolution, financial provision, news, pensions, reasons, statistics, taxation by tracey

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

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Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by tracey

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

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Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

Solicitor operated unauthorised online divorce business – Legal Futures

Posted August 22nd, 2019 in disciplinary procedures, divorce, electronic commerce, news, solicitors by sally

‘A family lawyer who created an online divorce service did so to avoid regulation and not share the fees generated with his law firm, a tribunal has found in striking him off.’

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Legal Futures, 22nd August 2019

Source: www.legalfutures.co.uk

A lesson from the fellow in Iannello – Family Law

Posted August 16th, 2019 in divorce, financial provision, news, remuneration by tracey

‘Following the Australian decision of Iannello and Iannello (No.3) [2018] FCCA 3752 Sarah Basso and Rachel Roberts look at the approach of England and in respect of orders in matrimonial proceedings directing a party to make a payment of their bonus to their (former) spouse.’

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Family Law, 15th August 2019

Source: www.familylaw.co.uk

The Pension Advisory Group’s final report: reviewing a paradigm shift in pensions practice – Family Law Week

Posted August 1st, 2019 in divorce, families, financial dispute resolution, financial provision, news, pensions by tracey

‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’

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Family Law Week, 28th July 2019

Source: www.familylawweek.co.uk

Divorcee granted injunction against ex-husband’s holding company – OUT-LAW.com

Posted July 26th, 2019 in company directors, contempt of court, divorce, enforcement, families, financial dispute resolution, injunctions, news by tracey

‘he High Court in England has granted an injunction against the holding company to which a wealthy Russian businessman transferred ownership of a luxury yacht in order to avoid enforcement of a £500 million divorce settlement, preventing the company from moving the yacht from where it is docked in Dubai.’

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OUT-LAW.com, 24th July 2019

Source: www.pinsentmasons.com

Sharing of post-separation earnings: Francis J says ‘I’m not lovin’ it’ – Family Law

Posted July 25th, 2019 in divorce, financial provision, news, periodical payments by tracey

‘Should there have been any doubt remaining, Mr Justice Francis confirmed in O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) that post-separation earnings are not a matrimonial asset capable of being shared.’

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Family Law, 23rd July 2019

Source: www.familylaw.co.uk

Woman wins right to late partner’s military pension in landmark ruling – BBC News

Posted July 18th, 2019 in appeals, armed forces, bereavement, cohabitation, divorce, equality, financial dispute resolution, human rights, married persons, news, pensions, widows by tracey

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

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BBC News, 17th July 2019

Source: www.bbc.co.uk

‘Custody fights blight four in ten break ups’ – A word of caution? – Transparency Project

Posted July 3rd, 2019 in children, custody, divorce, news, statistics by sally

‘At the beginning of May various news reports claimed that the number of separating couples going to court to resolve disputes about their children was 4 times higher than previously believed. See for example the Mail Online story, Custody fights blight four in ten break ups as 50,000 former couples battle in court rooms every year reporting new figures showing almost 4 out of 10 (38%) separating couples need the assistance of the court rather than 1 in 10 (10%), revealing “a large pool of hidden misery among broken families”.’

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Transparency Project, 2nd July 2019

Source: www.transparencyproject.org.uk

Divorce: New law could lead to ‘spike’ – minister – BBC News

Posted June 26th, 2019 in bills, divorce, families, news, reasons by sally

‘A new law could lead to a ‘spike’ in divorces, but the rate is ultimately like to “remain much the same”, the justice secretary has said.’

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BBC News, 25th June 2019

Source: www.bbc.co.uk

Financial Remedy & Divorce Update, June 2019 – Family Law Week

Posted June 21st, 2019 in civil partnerships, costs, divorce, family courts, financial provision, foreign jurisdictions, news by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during May 2019.’

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Family Law Week, 20th June 2019

Source: www.familylawweek.co.uk

Businessman was forced to live in a pigsty after he accused his partner of affair, court hears – Daily Telegraph

Posted June 20th, 2019 in compensation, divorce, families, financial dispute resolution, housing, news, rent by tracey

‘A businessman was forced to live in a pigsty after he accused his ex partner of having an affair, a court has heard.

The pigsty was in the grounds of the £1m home in Upminster, Essex, and he told Central London County Court that his ex partner of 37 years excluded him from the house.
The couple, who have two children, ended up in court after he launched a claim to claim money from her for the time he spent living out of the home.’

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Daily Telegraph, 19th June 2019

Source: www.telegraph.co.uk

End to divorce ‘blame game’ moves closer – Ministry of Justice

Posted June 17th, 2019 in bills, divorce, press releases by tracey

‘Divorcing couples will soon no longer have to make allegations about each other’s conduct, after a landmark bill was introduced by Justice Secretary David Gauke today (13 June 2019).’

Full press release

Ministry of Justice, 13th June 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

When Parental Alienation Crosses into the Criminal Jurisdiction – Family Law Week

Posted May 28th, 2019 in children, criminal justice, divorce, families, family courts, legal representation, news, parental rights by tracey

‘June Venters QC, of Venters Solicitors and Lamb Building, discusses the implications when issues of parental alienation arise in criminal proceedings.’

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Family Law Week, 23rd May 2019

Source: www.familylawweek.co.uk