financial provision – Page 10 – Current Awareness

Varying maintenance? What’s the right answer? – Family Law

Posted June 25th, 2018 in divorce, financial provision, news by sally

‘As the summer sunshine continues, so too does the flow of Supreme Court appeals dealing with fundamental family law questions. In the last few weeks, they have looked at extending civil partnerships to straight couples and the modern approach to ‘unreasonable behaviour’ within divorce petitions. The latest issue considered by the UK’s highest court has been maintenance, specifically, the correct approach to varying a maintenance order years after the divorce and financial settlement have been finalised.’

Family Law, 22nd June 2018

Source: www.familylaw.co.uk

Do I have to pay child maintenance if my child lives abroad? – Family Law

Posted June 22nd, 2018 in children, domicile, enforcement, financial provision, foreign jurisdictions, news by sally

‘Parents have a duty to maintain their children irrespective of the amount of time they spend with them or what country they live in. However international payment can be difficult to enforce. Parents cannot enforce an arrangement made informally between them, it must be made legally binding first.’

Family Law, 21st June 2018

Source: www.familylaw.co.uk

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by sally

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Finance and Divorce Update, June 2018 – Family Law Week

Posted June 15th, 2018 in charging orders, costs, divorce, financial provision, jurisdiction, news, prenuptial agreements, striking out by sally

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Varying your child maintenance: it can pay dividends! – Family Law Week

Posted June 15th, 2018 in children, costs, family courts, financial provision, legal aid, news by sally

‘Using a fictitious scenario Gwyn Evans, barrister, Tanfield Chambers highlights legal and practical issues relating to child maintenance.’

Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Interim Sale of the Family Home in Financial Remedy Proceedings – Family Law Week

Posted May 24th, 2018 in divorce, financial provision, jurisdiction, matrimonial home, news, sale of land by sally

‘Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.’

Family Law Week, 23rd May 2018

Source: www.familylawweek.co.uk

Breaking up is hard to do: the fate of family law in post-Brexit Britain – Family Law

Posted May 11th, 2018 in brexit, choice of forum, EC law, family courts, financial provision, jurisdiction, news by sally

‘It is now over nine months since the European Union (Withdrawal) Bill was introduced into the House of Commons in July of last year. The Government’s stated aim was to ensure the UK exits the EU with maximum ‘certainty, continuity and control’. We now know that we will be leaving the EU at 11pm on Friday 29 March 2019. It is still unclear as to how this will happen, although the Government has indicated its wish to maintain a deep and special partnership with the EU. With approximately three million EU citizens living in the UK and around one million British citizens living in other EU member states, the implications of Brexit for European couples separating or divorcing and for their families is wide-reaching and of concern to all family practitioners.’

Family Law, 10th May 2018

Source: www.familylaw.co.uk

Bitcoins and hiding wealth in divorce – Family Law

Posted May 8th, 2018 in cryptocurrencies, divorce, financial provision, internet, news by sally

‘Divorce ends the marriage but does nothing to end the financial arrangements between the parties. If the parties cannot agree these, and as part of court proceedings to determine who gets what, the parties have to provide full and frank disclosure to the other of their entire financial means. This procedure allows the parties to be open and transparent about the extent of the assets in the marriage. There could be a situation arising whereby a party seeks to hide their wealth but evidence provided with disclosure such as bank statements in paper form provides a paper trail and this makes for the hiding of cash movements very difficult. But what if that party holds Bitcoins or other crypto-currencies?’

Family Law, 4th May 2018

Source: www.familylaw.co.uk

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

Posted May 4th, 2018 in divorce, enforcement, financial provision, foreign jurisdictions, judgments, news, service by sally

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Guidance on Financial Needs on Divorce: Edition 2 – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in divorce, family courts, financial provision, news by sally

‘The FJC has now published the second edition of this useful guide for the family judiciary, courts and legal advisers. Since the publication of the first edition in June 2016, the guidance has established itself as an invaluable tool in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.’

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

Waggott v Waggott: in support of the clean break – Family Law

Posted April 26th, 2018 in appeals, divorce, financial provision, news, periodical payments by sally

‘The case of Waggott v Waggott [2018] EWCA Civ 727 is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.’

Family Law, 25th April 2018

Source: www.familylaw.co.uk

Finance and Divorce Update, April 2018 – Family Law Week

Posted April 16th, 2018 in anonymity, constructive trusts, contempt of court, divorce, expert witnesses, financial provision, jurisdiction, news by sally

‘Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.’

Family Law Week, 15th April 2018

Source: www.familylawweek.co.uk

‘Meal ticket for life’ bid backfires as divorcee loses £175,000 a year from ex-husband – Daily Telegraph

Posted April 12th, 2018 in appeals, divorce, financial provision, news by sally

‘An attempt by a divorcee to have a “meal ticket for life” backfired after a High Court Judge ruled her maintenance payments should cease after just three years.’

Daily Telegraph, 11th April 2018

Source: www.telegraph.co.uk

Hart v Hart: what led the court to order the ultimate sanction? – Family Law

Posted March 26th, 2018 in contempt of court, divorce, elderly, financial provision, imprisonment, news by sally

‘Anyone reading that John Hart, an 83-year-old man with prostate cancer, had been sent to prison by a High Court judge might naturally raise an eye-brow in surprise. However, HHJ Wildblood QC did just that following judgments at [2018] EWHC 548 (Fam), [2018] EWHC 549 (Fam) and dated 23 February and 18 March 2018 respectively. These decisions are the latest in the long-running saga in the Hart v Hart divorce which has now been ongoing in various guises for some six and a half years.’

Family Law, 23rd March 2018

Source: www.familylaw.co.uk

Bloom v Bloom: The risks of failing to provide full and frank disclosure in financial remedy proceedings – Family Law

Posted March 23rd, 2018 in constructive trusts, disclosure, financial provision, fraud, matrimonial home, news by sally

‘Bloom v Bloom [2018] Lexis Citation 16 concerned the applicant wife’s application that judgments in the financial remedy proceedings, where the respondent husband had been found to have defrauded her parents, should be published un-anonymised. The application was granted.’

Family Law, 22nd March 2018

Source: www.familylaw.co.uk

Villiers v Villiers: An Update – Family Law Week

Posted March 23rd, 2018 in choice of forum, divorce, financial provision, jurisdiction, news, Scotland by sally

‘Michal Horton and Alex Laing, both of Coram Chambers, report on the latest developments in a case that has attracted widespread attention in the press.’

Family Law Week, 22nd March 2018

Source: www.familylawweek.co.uk

Finance & Divorce Update March 2018 – Family Law Week

Posted March 15th, 2018 in divorce, financial provision, news by sally

‘Rose-Marie Drury, senior associate, Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during February 2018.’

Family Law Week, 9th March 2018

Source: www.familylawweek.co.uk

Divorce? You may regret it if you don’t ask for legal advice – Family Law

Posted March 12th, 2018 in agreements, damages, divorce, financial provision, mental health, news by sally

‘Yedina v Yedin and another [2017] EWHC 3319 (Ch) was an interesting case which highlighted the importance of seeking advice from a family lawyer when planning to divorce.’

Family Law, 9th March 2018

Source: www.familylaw.co.uk

Enforcement against Pensions in Financial Remedies Cases: the neglected option – Family Law Week

Posted February 14th, 2018 in enforcement, financial provision, news, pensions by michael

“Joseph Rainer, barrister, Queen Elizabeth Building highlights the availability and effectiveness of the Blight v Brewster method to enforce a financial remedy order.”

Family Law Week, 12th February 2018

Source: www.familylawweek.co.uk

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