Category: financial provision

State immunity does not avail Saudi Prince – UK Human Rights Blog

Posted June 10th, 2014 in financial provision, human rights, international law, married persons, news, royal family, state immunity by sally

‘Rosalind English posted in January 2014 on Jones v. the United Kingdom, in which the Strasbourg Court decided that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach Article 6(1) of the Convention (access to court). The Court held that a grant of state immunity reflected generally recognised rules of public international law and so there had been no violation.’


Full story

UK Human Rights Blog, 9th June 2014

Source: www.ukhumanrightsblog.com

Saudi prince has no state immunity from £12 million ‘secret wife’ claim, court rules – Daily Telegraph

Posted June 10th, 2014 in financial provision, married persons, news, royal family, state immunity by sally

‘Decision by London court opens the way for a potentially embarrassing court case involving a British woman who claims she was secretly married to the late king of Saudi Arabia.’

Full story

Daily Telegraph, 9th June 2014

Source: www.telegraph.co.uk

Will there be reform for cohabiting couples? – Halsbury’s Law Exchange

Posted May 20th, 2014 in cohabitation, financial provision, judges, Law Commission, news by sally

‘The Head of the Family Division, Sir James Munby, recently held a press conference where he addressed the wide ranging reforms of the family justice system that came into force on 22 April 2014. He was also asked to look to the future.’

Full story

Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Liars and Divorce Lawyers: can an OS/DS hearing help and a possible future for split hearings in financial remedies? – Family Law Week

Posted May 6th, 2014 in case management, divorce, financial provision, news by tracey

‘Byron James, barrister, Fourteen considers the utility of OS/DS hearings in the resolution of financial remedies disputes.’

Full story

Family Law Week, 2nd May 2014

Source: www.familylawweek.co.uk

Clean Break Orders and Spousal Maintenance: where are we now? – Family Law Week

Posted May 6th, 2014 in divorce, financial provision, news, periodical payments by tracey

‘Liz Cowell, principal lawyer with Slater & Gordon analyses the case law and trends emerging from case law regarding clean breaks and termination of spousal periodical payments orders.’

Full story

Family Law Week, 30th April 2014

Sorce: www.familylawweek.co.uk

Bankers’ Bonuses – how the divorce capital of the world treats the rewards reaped from the financial capital of Europe – Family Law Week

Posted April 17th, 2014 in banking, divorce, financial provision, news, periodical payments, remuneration by tracey

‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’

Full story

Family Law Week, 17th April 2014

Source: www.familylawweek.co.uk

JP v NP – WLR Daily

Posted April 17th, 2014 in divorce, financial provision, law reports by tracey

JP v NP: [2014] EWHC 1101 (Fam);   [2014] WLR (D)  172

‘In financial remedy proceedings a judge had power, under FPR r 29.15, to direct that a judgment should take effect from such later date as the court might specify. That power applied equally to a contested matrimonial matter resulting in a judgment as it did to consent orders since rule 29.15 applied to all family proceedings, including financial remedy proceedings, with no distinction being made as to whether by consent or otherwise.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Divorce myths to be dispelled – Ministry of Justice

Posted April 17th, 2014 in divorce, financial provision, Law Commission, matrimonial home, press releases, reports by tracey

‘Separating couples will be given clear new guidelines setting out what they should expect when property and income is distributed by the courts, Simon Hughes has announced.’

Full press release

Ministry of Justice, 17th April 2014

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

Finance and Divorce Update – Family Law Week

Posted April 11th, 2014 in divorce, financial provision, money laundering, news, pensions by sally

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in March.’

Full story

Family Law Week, 11th April 2014

Source: www.familylawweek.co.uk

Pre-acquired Assets – a new approach? – Family Law Week

Posted April 9th, 2014 in divorce, financial provision, news by sally

‘Liz Cowell and Abigail Lowther both of Slater & Gordon analyse the case law to see whether any general principles can be identified as to how the court will deal with pre-acquired assets in financial remedies cases.’

Full story

Family Law Week, 4th April 2014

Source: www.familylawweek.co.uk

Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph

Posted April 8th, 2014 in animals, costs, divorce, financial provision, jurisdiction, news by sally

‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’

Full story

Daily Telegraph, 8th April 2014

Source: www.telegraph.co.uk

‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by tracey

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

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Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

Gohil v Gohil (No 2) – WLR Daily

Posted March 17th, 2014 in consent orders, disclosure, evidence, family courts, financial provision, jurisdiction, law reports, setting aside by tracey

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D)  126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Mann v Mann – WLR daily

Posted March 12th, 2014 in consent orders, dispute resolution, enforcement, financial provision, law reports, married persons by tracey

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

Rubin v Rubin – WLR Daily

Posted March 12th, 2014 in appeals, costs, divorce, financial provision, law reports, legal services by tracey

Rubin v Rubin: [2014] EWHC 611 (Fam);   [2014] WLR (D)  116

‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’

WLR Daily, 10th March 2014

Source: www.iclr.co.uk

Ilott v Mitson [2014] EWHC 542- Appeal with caution – Zenith Chambers

Posted March 10th, 2014 in appeals, financial provision, news, wills by sally

‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’

Full story

Zenith Chambers, 6th March 2014

Source: www.zenithchambers.co.uk

Prenuptial Agreements Latest Caselaw: Pandora’s Box Stays Closed… at least for now – Family Law Week

Posted February 6th, 2014 in divorce, financial provision, news, prenuptial agreements by sally

‘Wife fails in her challenge of a pre-nup entered into with her wealthy husband in respect of MPS and costs allowance.’

Full story

Family Law Week, 5th February 2014

Source: www.familylawweek.co.uk

Finance and Divorce Update – Family Law Week

Posted February 4th, 2014 in divorce, family courts, fees, financial provision, McKenzie friends, news by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January.’

Full story

Family Law Update, 2nd February 2014

Source: www.familylawweek.co.uk

Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal

Posted January 23rd, 2014 in adoption, child support, children, cohabitation, family courts, fees, financial provision, marriage, news, residence orders by sally

‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’

Full story

New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

“I read it in the newspaper”: The current spate of ancillary relief negligence claims raising near identical section 14A arguments – Hardwicke Chambers

Posted January 22nd, 2014 in financial provision, limitations, negligence, news, pensions, valuation by sally

‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’

Full story

Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk