Divorce in England is still based on an archaic fault-based process. Even though the reason for divorce will normally make no difference to how the family’s finances are divided or to the arrangements that are made in relation to children, under the law someone has to be held responsible for the demise of the marriage. In the mid... Read More
The Court of Appeal has this week given judgment in the controversial case of Sharland v Sharland EWCA Civ 95, agreeing (two judges to one) with Sir Hugh Bennett’s initial decision that the husband’s fraudulent non-disclosure should not lead to the parties’ financial provision order being set aside, because the court had not been led into... Read More
Whilst walking through the corridors of the Principal Registry of the Family Division, I have been surprised at the number of negotiations I have overheard regarding the family dog. A recent survey by The Pet Owners Association found that 20% of all separation proceedings that involve custody of a pet have resulted in contested divorces;... Read More
When an ex-husband or ex-wife dies, make sure you check the grant of probate or letters of administration to see how much he or she was actually worth at the time of death.
It may be that there are extra assets that you were not aware of at the time of divorce, so if you have been awarded maintenance based on the asset level at the time of... Read More
Mrs Justice King has allowed a husband’s appeal against a provision of an award in favour of his ex-wife, which required him to pay maintenance in the sum of 25 percent of his annual net bonuses, in addition to £3,750 per month from his salary, for the remainder of their joint lives.
The initial hearing was heard by DJ White. At the date of... Read More
While all marriages and divorces must comply with the formalities required by English law, as family law practitioners it is important to recognise that a client’s religious beliefs may impact upon the advice to be given. Not only may it guide practical advice, but it may also have implications for the proceedings. Below is a brief guide... Read More
On 14 January 2014, the President of the Family Division, Sir James Munby, handed down judgment in the case of S v S EWHC 7 (Fam), which delivered a powerful endorsement of the use of arbitration as a means of dispute resolution.
In the case, the President approved a consent order produced as a result of arbitration conducted by Mr Gavin Smith, of... Read More
On 8th January Ayesha Vardag returned to her place on the sofa at ITV’s This Morning to take part in a New Year special edition of Legal Eagles. Sitting alongside personal injury specialist Alicia Alinia and criminal solicitor Nick Freeman, Ayesha was called upon to offer her advice to legally beleaguered viewers. The first viewer was having... Read More
As the world gets smaller, the choices for divorce venues increase! The way divorce and financial proceedings are dealt with in different countries varies massively. Therefore, it is crucial, where there is the option of getting divorced in more than one jurisdiction, to ensure that the right choice is made. With the increase in travel... Read More
With the end of Christmas excitement, life tends not only to return to normal, but actually to become quieter in January.
There are a few exceptions to this rule as some things tend to see a surge in January: healthy eating, gym memberships – and divorce. There are various reasons for this January upturn in divorce proceedings.
Firstly, January... Read More
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