Parental alienation: treading a treacherous path – Family Law
‘A Bristol judge has decided to publish his decision in an exceptional case of parental alienation.’
Family Law, 14th November 2019
Source: www.familylaw.co.uk
Category: divorce
Discrimination in ‘one succession’ for secure tenancies – Nearly Legal
‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’
Nearly Legal, 3rd November 2019
Source: nearlylegal.co.uk
Meeting income needs from capital – Law Society’s Gazette
‘Two of the most recent issues which have been considered by the Family Court are as follows:
Whether an earning capacity is a matrimonial asset to which the sharing principle applies; and
In a sharing case, to what extent is it fair that a wife is required to use her share of capital to meet her income needs, whereas the husband will meet his income needs from future income?’
Law Society's Gazette, 4th November 2019
Source: www.lawgazette.co.uk
Wife fails to overturn financial award made in arbitration – Family Law
‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’
Family Law, 23rd October 2019
Source: www.familylaw.co.uk
The Divorce, Dissolution and Separation Bill – Family Law
‘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.’
Family Law, 11th October 2019
Source: www.familylaw.co.uk
Financial Remedy & Divorce Update, October 2019 – Family Law Week
‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’
Family Law Week, 10th October 2019
Source: www.familylawweek.co.uk
Divorcing couples: beware the capital gains tax trap – OUT-LAW.com
‘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.’
OUT-LAW.com, 8th October 2019
Source: www.pinsentmasons.com
Capitalised maintenance: a court-free solution? – Family Law
‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’
Family Law, 2nd October 2019
Source: www.familylaw.co.uk
Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette
‘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.’
Law Society's Gazette, 26th September 2019
Source: www.lawgazette.co.uk
Non-disclosing husband fails in challenge to Court of Appeal – Family Law
‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’
Family Law, 10th September 2019
Source: www.familylaw.co.uk
Financial Remedy Update, September 2019 – Family Law Week
‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’
Family Law Week, 6th September 2019
Source: www.familylawweek.co.uk
Moher v Moher: Non-disclosure leads to closure – Family Law week
‘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.’
Family Law week, 28th August 2019
Source: www.familylawweek.co.uk
Solicitor operated unauthorised online divorce business – Legal Futures
‘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.’
Legal Futures, 22nd August 2019
Source: www.legalfutures.co.uk
A lesson from the fellow in Iannello – Family Law
‘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.’
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
‘Matthew Richardson, barrister of Coram Chambers, offers an introduction and overview of a report set to change the future of financial remedies practice significantly.’
Family Law Week, 28th July 2019
Source: www.familylawweek.co.uk
Divorcee granted injunction against ex-husband’s holding company – OUT-LAW.com
‘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.’
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
‘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.’
Family Law, 23rd July 2019
Source: www.familylaw.co.uk
Woman wins right to late partner’s military pension in landmark ruling – BBC News
‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’
BBC News, 17th July 2019
Source: www.bbc.co.uk
‘Custody fights blight four in ten break ups’ – A word of caution? – Transparency Project
‘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”.’
Transparency Project, 2nd July 2019
Source: www.transparencyproject.org.uk
Divorce: New law could lead to ‘spike’ – minister – BBC News
‘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.’
BBC News, 25th June 2019
Source: www.bbc.co.uk
