Gay marriage: some legal inequalities will remain – The Guardian

Posted February 6th, 2013 in appeals, bills, civil partnerships, divorce, equality, homosexuality, marriage, news by sally

“The aim of the marriage (same-sex couples) bill is to ensure that all couples enjoy equal marriage rights. Some elements of legal asymmetry remain, however, under the legislation.”

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The Guardian, 5th February 2013

Source: www.guardian.co.uk

Religious courts and Sharia divorce – Halsbury’s Law Exchange

Posted February 5th, 2013 in arbitration, children, courts, divorce, financial provision, Judaism, news, residence orders by tracey

“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”

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Halsbury’s Law Exchange, 4th February 2013

Source: www.halsburyslawexchange.co.uk

Court opens way to divorces by Sharia? Hold on a minute…- UK Human Rights Blog

Posted February 4th, 2013 in arbitration, child abduction, consent orders, divorce, Judaism, news by tracey

“AI v MT [2013] EWHC 100 (Fam). The Times (amongst others) today deserves a spell on the legal naughty step. Its headline announces that a judge’s decision ‘opens way to divorces by Sharia’. One might expect therefore to find that the judgment giving rise to the headline – the decision of Baker J in the Family Court in AI v MT – was about Sharia law, or otherwise had something to do with it. In fact the judgment concerned a Jewish divorce under the auspices of the Beth Din, and had nothing to do with Sharia at all.”

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UK Human Rights Blog, 1st February 2013

Source: www.ukhumanrightsblog.com

Hamilton v Hamilton – WLR Daily

Hamilton v Hamilton [2013] EWCA Civ 13; [2013] WLR (D) 26

“An order in ancillary relief proceedings for the payment of a series of lump sums over time was not necessarily an order for a lump sum by instalments, within section 23(3)(c) of the Matrimonial Causes Act 1973, and therefore variable under section 31 of the 1973 Act.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Religious Marriages: Staying a decree absolute in order to increase the chances of obtaining a religious divorce – Family Law Week

Posted January 18th, 2013 in divorce, islamic law, Judaism, marriage, news by tracey

“Charlotte Rachael Proudman, a barrister at 1 Mitre Court Buildings, provides legal guidance on the Matrimonial Causes Act 1973, Section 10A, used in religious marital cases to speed up the process of obtaining religious divorces.”

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Family Law Week, 17th January 2013

Source: www.familylawweek.co.uk

Property tycoon is jailed for contempt in divorce row over his ‘missing’ £400m fortune – The Independent

Posted January 17th, 2013 in contempt of court, detention, divorce, fines, news by sally

“‘Penniless’ businessman goes from party to party quaffing champagne, court is told.”

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The Independent, 16th January 2013

Source: www.independent.co.uk

Finance and Divorce January Update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

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Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

DIY divorces set to surge as legal aid vanishes – The Independent

Posted January 7th, 2013 in budgets, dispute resolution, divorce, legal aid, litigants in person, news by sally

“On the eve of ‘D-Day’ – that’s Divorce Day, the first Monday back to work after the festive period, when warring couples are more likely to register for a divorce – lawyers warn that tens of thousands of people could find splitting up harder and more costly this year. And the number of those turning to ‘DIY divorce kits’ is expected to surge.”

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The Independent, 6th January 2012

Source: www.independent.co.uk

Gay marriage: divorces over adultery face legal challenge – Daily Telegraph

Posted December 18th, 2012 in divorce, homosexuality, marriage, news by sally

“Unfaithful husbands could attempt to stop their wives divorcing them for adultery if gay marriage is legalised, according to senior lawyers.”

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Daily Telegraph, 17th December 2012

Source: www.telegraph.co.uk

Finance and Divorce December Update – Family Law Week

Posted December 14th, 2012 in divorce, financial provision, news by tracey

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse November’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 13th December 2012

Source: www.familylawweek.co.uk

Divorce battle lands pair with £1.3m legal bill – Daily Telegraph

Posted December 6th, 2012 in appeals, costs, divorce, news by sally

“A husband ran up a £500,000 legal bill in a bitter divorce dispute he could not afford, the High Court ruled.”

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Daily Telegraph, 5th December 2012

Source: www.telegraph.co.uk

Family Mediation – The option of first resort for separating couples? – Family Law Week

Posted November 27th, 2012 in arbitration, civil procedure rules, dispute resolution, divorce, families, news by sally

“Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.”

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Family Law Week, 26th November 2012

Source: www.familylawweek.co.uk

Divorcing parents turn to ‘brainwashing’ children in custody battles – Daily Telegraph

Posted November 26th, 2012 in children, custody, divorce, news by sally

“Warring parents are increasingly attempting to ‘brainwash’ their children to get the upper hand in custody disputes, according to lawyers.”

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Daily Telegraph, 24th November 2012

Source: www.telegraph.co.uk

Former spy Mark Kennedy sues police for ‘failing to stop him falling in love’ – The Guardian

Posted November 26th, 2012 in damages, divorce, negligence, news, personal injuries, police, psychiatric damage by sally

“A former spy is suing the Metropolitan police for failing to ‘protect’ him from falling in love with one of the environmental activists whose movement he infiltrated.”

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The Guardian, 25th November 2012

Source: www.guardian.co.uk

Shagroon v Sharbatly – WLR Daily

Shagroon v Sharbatly: [2012] EWCA Civ 1507;   [2012] WLR (D)  337

“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

 

Children’s experience of parental separation: research challenges law change proposal – Family Law week

Posted November 23rd, 2012 in children, contact orders, divorce, news, parental responsibility, young persons by tracey

“Government plans to amend the 1989 Children Act by introducing a presumption of shared parenting are well-intentioned but misguided, say the authors of new research into childhood experience of family break-ups.”

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Family Law Week, 22nd November 2012

Source: www.familylawweek.co.uk

‘Lady of the manor’ wins £8.7m in divorce from landed gentry – Daily Telegraph

Posted November 9th, 2012 in divorce, financial provision, news by tracey

“A multi-millionaire estate owner from an ‘illustrious family’ has been ordered to pay his ex-wife £8.7m after falling in love with a penniless young singer, as a judge ruled the ‘lady of the manor’ should be kept in the luxury she had expected since birth.”

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Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

McRoberts v McRoberts – WLR Daily

Posted November 7th, 2012 in bankruptcy, divorce, family courts, insolvency, law reports by sally

McRoberts v McRoberts [2012] EWHC 2966 (Ch); [2012] WLR (D) 305

“If review or modification of an obligation imposed in matrimonial proceedings was not within the jurisdiction of the matrimonial courts under the Matrimonial Causes Acts, then s 281(5) of the Insolvency Act 1986 should not be deployed to supply some additional basis of review. When exercising its discretion under s 281(5) to release a bankrupt from bankruptcy debt, the question the court had to ask was whether, accepting that the obligation’s imposition was justified, there was any real prospect of it being satisfied now or in the future and whether its release was necessary to enable or at least substantially assist the discharged bankrupt to re-establish himself.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

Cooperative parenting following family separation – Government’s response – Family Law Bar Association

Posted November 6th, 2012 in consultations, divorce, news, parental rights by sally

“Cooperative parenting following family separation: proposed legislation on the involvement of parents in a child’s life.”

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Family Law Bar Association, 5th November 2012

Source: www.flba.co.uk

Finance and Divorce November Update – Family Law Week

Posted November 2nd, 2012 in divorce, family courts, financial provision, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse October’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 1st November 2012

Source: www.familylawweek.com