Category: financial provision

Private Criminal Prosecutions in Financial Remedies Cases – Family Law Week

Posted February 7th, 2013 in conspiracy, crime, divorce, financial provision, news, private prosecutions by sally

“Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.”

Full story

Family Law Week, 6th February 2013

Source: www.familylawweek.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.”

Full story

Halsbury’s Law Exchange, 4th February 2013

Source: www.halsburyslawexchange.co.uk

An assault on family law – Halsbury’s Law Exchange

Posted February 1st, 2013 in appeals, families, financial provision, news, privilege by tracey

“As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. To ignore the law, as the cases below show, can be repressive and is certainly illegal.”

Full story

Halsbury’s Law Exchange, 31st January 2013

Source: www.halsburyslawexchange.co.uk

Hamilton v Hamilton – WLR Daily

Posted January 28th, 2013 in appeals, dispute resolution, divorce, financial provision, jurisdiction, law reports by sally

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

Property laws for cohabiting couples ‘unfair’, judge says – Daily Telegraph

Posted January 24th, 2013 in cohabitation, financial provision, news by sally

“Property laws for cohabiting couples are ‘unfair’ on women who are often left with nothing after separating from their partners, an appeal court judge said on Wednesday.”

Full story

Daily Telegraph, 23rd January 2013

Source: www.telegraph.co.uk

Finance and Divorce January Update – Family Law Week

Posted January 7th, 2013 in appeals, data protection, dispute resolution, divorce, expert witnesses, family courts, financial provision, homosexuality, marriage, news, pensions by sally

“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.”

Full story

Family Law Week, 4th January 2013

Source: www.familylawweek.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

Shagroon v Sharbatly – WLR Daily

Posted November 23rd, 2012 in divorce, financial provision, foreign jurisdictions, jurisdiction, law reports, polygamy by tracey

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

 

‘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.”

Full story

Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Petrodel v Prest: hiding assets behind the corporate veil? – Halsbury’s Law Exchange

Posted November 2nd, 2012 in appeals, company law, corporate veil, disclosure, financial provision, matrimonial home, news by sally

For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.

Full story

Halsbury’s Law Exchange, 1st November 2012

Source: www.halsburyslawexchange.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

Divorce ruling branded ‘cheat’s charter’ – Law Society’s Gazette

Posted November 1st, 2012 in appeals, company law, financial provision, matrimonial home, news by sally

“Lawyers have branded as a ‘cheat’s charter’ a Court of Appeal landmark ruling that an oil tycoon need not hand over to his wife £17.5m in assets held by his companies.”

Full story

Law Society’s Gazette, 1st November 2012

Source: www.lawgazette.co.uk

Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest – Family Law Week

Posted November 1st, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

“Alison Burge, barrister, of Pump Court Chambers analyses the Court of Appeal’s decision in the watershed case of Petrodel v Prest.”

Full story

Family Law Week, 31st October 2012

Source: www.familylawweek.com

Prest v Prest and others – WLR Daily

Posted October 30th, 2012 in appeals, company law, financial provision, law reports, matrimonial home by sally

Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296

“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

How female breadwinners are ‘losing out’ in divorce – Daily Telegraph

Posted October 8th, 2012 in divorce, financial provision, news, women by sally

“Career women increasingly feel that they are losing out in divorce settlements because courts do not ask who does the housework, lawyers say.”

Full story

Daily Telegraph, 8th October 2012

Source: www.telegraph.co.uk

Divorce – needs and non-matrimonial assets: formula or flexibility? – Halsbury’s Law Exchange

Posted September 25th, 2012 in consultations, divorce, family courts, financial provision, news by sally

“The Law Commission recently published a supplemental consultation paper (Matrimonial Property, Needs and Agreements – Law Com 2012/208) following its earlier consultation on marital property agreements in 2011. The focus of the supplemental consultation is two particularly problematic aspects of financial provision on divorce or civil partnership dissolution: needs and non-matrimonial assets.”

Full story

Halsbury’s Law Exchange, 24th September 2012

Source: www.halsburyslawexchange.co.uk

Divorce law criticised as ‘incomplete and uninformative’ – The Guardian

Posted September 11th, 2012 in consultations, divorce, financial provision, matrimonial home, news, prenuptial agreements by tracey

“Divorce laws in England and Wales are so ‘incomplete and uninformative’ that judges receive no guidance about the fairest way to divide a couple’s property, the Law Commission has said.”

Full story

The Guardian, 11th September 2012

Source: www.guardian.co.uk

Matrimonial Property, Needs and Agreements – Law Commission

Posted September 11th, 2012 in civil partnerships, consultations, divorce, financial provision, matrimonial home, prenuptial agreements by tracey

“Following its 2012 consultation on marital property agreements (‘pre-nups’), the Law Commission has opened a supplementary consultation on needs and non-matrimonial property.”

Full consultation

Law Commission, 11th September 2012

Source: www.lawcommission.justice.gov.uk

Finance and Divorce September Update – Family Law Week

Posted September 10th, 2012 in civil partnerships, divorce, family courts, financial provision, news by tracey

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

Full story

Family Law Week, 7th September 2012

Source: www.familylawweek.co.uk

In a Dorney-Kingdom of their own: Segal orders examined – Family Law week

Posted August 28th, 2012 in child support, financial provision, news by tracey

“Byron James, barrister, 14 Gray’s Inn Square, considers the circumstances in which Segal Orders can be made.”

Full story

Family Law week, 28th August 2012

Source: www.familylawweek.co.uk