financial provision – Page 20

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.’

Daily Telegraph, 8th April 2014

‘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 sally

‘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 sally

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 sally

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 sally

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”).’

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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.’

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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.’

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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.’

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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.’

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Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

S v S [2014] EWHC 7 (Fam) – WLR Daily

Posted January 16th, 2014 in arbitration, consent orders, financial provision, law reports by sally

S v S [2014] EWHC 7 (Fam); [2014] WLR (D) 1

‘Where the parties had bound themselves to accept an arbitral award of the kind provided for by the Institute of Family Law Arbitrators (“IFLA”) Scheme, that generated a single “magnetic factor” of determinative importance and, in the absence of some very compelling countervailing factor or factors, the arbitral award should be determinative of the order the court made.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Finance and Divorce Update – Family Law Week

Posted January 6th, 2014 in budgets, children, cohabitation, dispute resolution, divorce, financial provision, judges, legal aid, marriage, news, Supreme Court 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 December.’

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Family Law Week, 2nd January 2014

Source: www.familylawweek.co.uk

Divorced wife ‘cheated out of millions after husband failed to reveal assets’ – Daily Telegraph

Posted December 19th, 2013 in appeals, divorce, evidence, financial provision, news by sally

‘A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Alison Sharland, 46, says Charles, 53, convinced her to give up her claim to an equal share when they divorced.’

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Daily Telegraph, 18th December 2013

Source: www.telegraph.co.uk

Finance and Divorce Update – Family Law Week

Posted December 9th, 2013 in consultations, costs, disclosure, dispute resolution, divorce, financial dispute resolution, financial provision, indemnities, 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 November.’

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Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

What’s mine is mine… – New Law Journal

Posted November 26th, 2013 in cohabitation, divorce, financial provision, news by sally

‘Ed Heaton explores the rights of cohabitants.’

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New Law Journal, 22nd November 2013

Source: www.newlawjournal.co.uk

‘Only £20m – that’s disgraceful’: Tycoon Scot Young’s wife reacts furiously to divorce ruling – The Independent

Posted November 22nd, 2013 in divorce, financial provision, news by sally

‘Tycoon Scot Young is worth £40 million, a High Court judge ruled today, after his estranged wife Michelle accused him of concealing his fortune to avoid paying out a huge sum in a divorce settlement. Mr Justice Moor said Mrs Young should get a lump sum of £20 million. Mrs Young reacted with fury to the ruling, saying: “It’s disgraceful. I stand by what I said. He’s worth billions.” ‘

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The Independent, 22nd November 2013

Source: www.independent.co.uk

Finance and Divorce November 2013 Update – Family Law Week

Posted November 8th, 2013 in civil partnerships, divorce, financial provision, news, stay of proceedings 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 October.”

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Family Law Week, 7th November 2013

Source: www.familylawweek.co.uk

Finance and Divorce Update – Family Law Week

Posted October 7th, 2013 in appeals, children, divorce, families, financial dispute resolution, financial provision, jurisdiction, 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 September.”

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Family Law Week, 3rd October 2013

Source: www.familylawweek.co.uk

Finance and Divorce September 2013 Update – Family Law Week

Posted September 16th, 2013 in appeals, contempt of court, divorce, families, financial dispute resolution, financial provision, forced marriages, news, statistics 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 August.”

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Family Law Week, 11th September 2013

Source: www.familylawweek.co.uk

Changes to Child Maintenance – Family Law Week

Posted September 4th, 2013 in child support, financial provision, news, parental responsibility by sally

“Anna Heenan, Solicitor at Gregg Latchams LLP explains the latest changes to the child support regime.”

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Family Law Week, 3rd September 2013

Source: www.familylawweek.co.uk