Dukali v Lamrani: a cautionary tale on how the courts define marriage – Family Law Week

Posted August 15th, 2012 in cohabitation, financial provision, jurisdiction, marriage, news by sally

“Dr John Fox and Eleanor Fletcher, both barristers at Lamb Building, consider the lessons to be learned from the court’s approach to determining the validity of the parties’ marriage in Dukali v Lamrani.”

Full story

Family Law Week, 14th August 2012

Source: www.familylawweek.co.uk

Lessons to be learned for cohabitation cases in England, says Lady Hale in Supreme Court Scottish case – Family Law Week

Posted July 5th, 2012 in cohabitation, financial provision, news, Supreme Court by sally

“In Gow v Grant [2012] UKSC 29, a Scottish cohabitation case, heard in the Supreme Court, Barnoness Hale has said that lessons can be learned in England and Wales from the practicability and fairness provided by Scottish legislation.”

Full story

Family Law Week, 5th July 2012

Source: www.familylawweek.com

Judge bans reporting of divorce finances to save ’embarrassment’ – Daily Telegraph

“A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.”

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Daily Telegraph, 5th July 2012

Source: www.telegraph.co.uk

Finance & Divorce May 2012 Update – Family Law Week

Posted June 7th, 2012 in bankruptcy, costs, divorce, financial provision, marriage, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”

Full story

Family Law Week, 6th June 2012

Source: www.familylawweek.com

Appeal court overturns civil partnership award – BBC News

Posted March 29th, 2012 in appeals, civil partnerships, financial provision, news by sally

“Judges have overturned a decision that awarded an actor a £1.7m settlement after his civil partnership broke down.”

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BBC News, 29th March 2012

Source: www.bbc.co.uk

Annual Resolution Conference – Speech by Sir Nicholas Wall

Posted March 27th, 2012 in children, divorce, domestic violence, families, financial provision, speeches by sally

Annual Resolution Conference (PDF)

Speech by Sir Nicholas Wall, President of the Family Division

Annual Resolution Conference, 24th March 2012

Source: www.judiciary.gov.uk

Family arbitration – Halsbury’s Law Exchange

Posted March 13th, 2012 in arbitration, families, financial provision, news by sally

“On 22 February 2012 a new arbitration scheme was launched. The IFLA (Institute of Family Law Arbitrators) Scheme is the result of a collaboration between resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR) the whole issue of family law arbitration has been under consideration for about the last decade and during that time a number of family lawyers, arbitrators and judges have worked tirelessly to assist in the formulation of the scheme and its rules.”

Full story

Halsbury’s Law Exchange, 13th March 2012

Source: www.halsburyslawexchange.co.uk

Independent Trustee Services Ltd v Morris – WLR Daily

Independent Trustee Services Ltd v Morris: [2012] EWCA Civ 195;  [2012] WLR (D)  55

“The defence of bona fide purchaser for value without notice, at the time of receipt of moneys, to a tracing claim by a trustee for the recovery of misappropriated trust moneys was not available to the recipient thereof where a consent order made in ancillary relief proceedings pursuant to which the moneys had been paid had been rescinded, on the recipient’s application to renew the ancillary relief application because of non-disclosure of assets, by the time the defence was raised.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

Edgerton v Edgerton and another – WLR Daily

Posted February 28th, 2012 in appeals, estoppel, financial provision, law reports by tracey

Edgerton v Edgerton and another: [2012] EWCA Civ 181;  [2012] WLR (D)  47

“Where the High Court had made a final decision which was binding on the parties and conclusively determined the ownership of assets, the parties were estopped from arguing in proceedings in another division of the High Court that the ownership of the disputed assets was different. If one party wished to argue that the earlier decision should not bind the parties because it had been obtained by fraud or collusion, the proper course was to apply to set aside the first judgment.”

WLR Daily, 24th February 2012

Source: www.iclr.co.uk

Prince Charles’s friend forced to give wife £260,000 in divorce payout – Daily Telegraph

Posted February 28th, 2012 in appeals, divorce, financial provision, news by tracey

“Libor Krejci, a property developed described as a ‘polo-playing friend of Prince Charles’ who was accused of leaving his seriously ill wife penniless and bankrupt, will be forced to give her £260,000 divorce payout, a court has ruled.”

Full story

Daily Telegraph, 27th February 2012

Source: www.telegraph.co.uk

Private divorce courts on the way – Daily Telegraph

Posted February 23rd, 2012 in arbitration, divorce, financial provision, news by sally

“High-profile married couples who are splitting up may soon be able to avoid airing their dirty linen in public with the advent of private divorce courts.”

Full story

Daily Telegraph, 23rd February 2012

Source: www.telegraph.co.uk

Oil tycoon allowed to rely on African law in £17.5 million divorce battle – Daily Telegraph

Posted February 21st, 2012 in appeals, divorce, financial provision, news by tracey

“An oil baron has been granted permission by the Appeal Court to rely on Nigerian native law in a bitter multi-million divorce battle with his former wife in what is believed to be the first ruling of its kind.”

Full story

Daily Telegraph, 20th February 2012

Source: www.telegraph.co.uk

Clarifying the law on financial provision for couples when relationships end – Law Commission

Posted February 7th, 2012 in divorce, financial provision, Law Commission, news by sally

“The Law Commission is to conduct a targeted review of two aspects of the law that entitles married couples and civil partners to claim financial provision from one another on divorce or dissolution of their partnership.”

Full story

Law Commission, 6th February 2012

Source: www.justice.gov.uk

Husband in £4m divorce ‘should count himself lucky’ – Daily Telegraph

Posted November 8th, 2011 in appeals, divorce, financial provision, matrimonial home, news by sally

“The question: what are the ‘reasonable needs’ of a 55-year-old divorced woman with one teenage child still living at home? The answer, the appeal court ruled yesterday, is a nine-bedroom country house with 40 acres of parkland, a £1.65 million lump sum and £75,000-a-year child maintenance.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Brough v Law and another – WLR Daily

Posted October 24th, 2011 in child support, financial provision, law reports by sally

Brough v Law and another [2011] EWCA Civ 1183; [2011] WLR (D) 300

“A maintenance assessment under which an absent parent was liable to pay maintenance in respect of a qualifying child to the parent with care did not end as a result of a brief reconciliation between the parents within paragraph 16(1)(b) of Schedule 1 to the Child Support Act 1991 as read with section 3 of that Act.”

WLR Daily, 20th October 2011

Source: www.iclr.co.uk

Mr Justice Moylan gives a boost to spouses with inherited wealth – Zenith Chambers

Posted August 30th, 2011 in divorce, financial provision, news by sally

“In a recent decision in the High Court (reported in the press 12.8.11; judgment not yet available) Mr Justice Moylan has given encouragement to spouses who seek to preserve inherited or pre-acquired wealth.”

Full story

Zenith Chambers, 30th August 2011

Source: www.zenithchambers.co.uk

Wife loses bid for bigger payout from estranged husband – Daily Telegraph

Posted March 24th, 2011 in appeals, divorce, financial provision, news by sally

“The estranged wife of a former banker who argued that £4.8 million was not enough to live on yesterday lost a High Court bid for a larger slice of his wealth.”

Full story

Daily Telegraph, 23rd March 2011

Source: www.telegraph.co.uk

Jones v Jones – WLR Daily

Posted February 1st, 2011 in divorce, financial provision, law reports by sally

Jones v Jones [2011] EWCA Civ 41; [2011] WLR (D) 26

“Even if an earning capacity might also sometimes be relevant to a fair distribution of the assets pursuant to the sharing principle, it did not follow that the earning capacity should itself be treated as one of those assets, still less that an attempt should be made to capitalise it.”

WLR Daily, 31st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Granatino v Radmacher (formerly Granatino) – WLR Daily

Posted October 25th, 2010 in divorce, financial provision, law reports, prenuptial agreements by sally

Granatino v Radmacher (formerly Granatino) [2010] UKSC 42; [2010] WLR (D) 260

“A court should give effect to a nuptial agreement, whether entered into before or after marriage, that was freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”

WLR Daily, 21st October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

Posted August 3rd, 2010 in appeals, confidentiality, divorce, financial provision, law reports by sally
“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.