The numbers are in for the Courts and Tribunals Judiciary 2015 diversity statistics. Things are looking very slightly better for women, while for black or minority ethnic (BME) judges, there was little change.
The diversity survey looks at four key areas: gender, ethnicity, professional background and payment type.
The overall number of female... Read More
Here we explore making a pensions application under Part III of the Matrimonial and Family Proceedings Act (MFPA) 1984.
Establishing jurisdiction
The court will only make an order if it has the jurisdiction to do so. Under Part III of the MFPA 1984, the application must meet one of the following requirements:
Domicile
Habitual... Read More
"An Englishman still remains at liberty at his death to dispose of his own property in whatever way he pleases". (Mr Justice Oliver in Re Coventry dec’d Ch 461)
The Court of Appeal has, however, just restricted this liberty in the case of Ilott v Mitson EWCA Civ 797, by agreeing to award a daughter a large portion of her mother’s estate,... Read More
Ashley Madison, a dating site that explicitly targets people who are otherwise attached has been hacked by a group calling itself the Impact Team. Ashley Madison's notorious tagline is a brief and brazen “Life is short. Have an affair”. This comes only a few months after French extra-marital dating site Gleedon found itself... Read More
Once upon a time, family law was considered a minor legal discipline – simple, straightforward, largely bureaucratic – perhaps a little bit ‘high street’. That has changed substantially in a relatively short space of time. While it was never traditionally considered a City discipline at all, the rise of England and... Read More
The Cour de Cassation (Court of Cassation), France’s highest court, has ruled that children born to surrogates abroad can be recognised by the state. They will have the right to be granted French birth certificates and be able to claim French citizenship. The court was asked to consider two cases involving French fathers, who claimed... Read More
The Supreme Court has ruled 5-4 in the landmark case of Obergefell v Hodges, which acts to make marriage a constitutional right for everyone, regardless of gender or sexual orientation. All four of the Supreme Court’s liberal justices – Elena Kagan, Sonia Maria Sotomayor, Stephen G. Breyer and the inimitable Ruth Bader Ginsburg... Read More
The same-sex marriage debate is igniting in Australia in some very unexpected ways. There are those for and against, but there are few in the ‘against’ camp quite as fervent as Nick and Sarah Jensen. The married, Christian couple have vowed to get divorced if same-sex marriage is legalised in their country. Mr Jensen has... Read More
New research from the Universities of Warwick and Reading suggests that the family courts are not biased against fathers after all.
The study, which reviewed 200 child arrangement cases from a six-month period in 2011, found that the majority of fathers’ contact applications were 'overwhelmingly successful'.
The paper, ‘How Do County Courts... Read More
The Republic of Ireland has become the first country in the world to legalise gay marriage via popular vote. After an overwhelming majority of 62% for the ‘yes’ vote, dwarfing to the ‘no’ camp’s 38%, Ireland’s gay and lesbian population will now have the same marriage rights as heterosexual couples. In... Read More