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Enforcement of Financial Orders on Divorce: What can you do if your ex doesn't pay? News - Briefing

Date: 22/03/2017 Authors : Tessa Bray

It is important to think about security and enforcement at the time of settlement and drawing up a financial order.  A party can ask for security where there is a risk of someone not complying, and when sums are secured, enforcement becomes much easier.

Two roads diverged in a wood: international bifurcation in divorce News - Briefing

Date: 22/03/2017 Authors : Nicholas Bennett

Two roads diverged in a wood, and I— I took the one less traveled by, And that has made all the difference. Robert Frost, The Road Not Taken (1916)

Goyal v Goyal: problems with foreign pensions News - Briefing

Date: 22/03/2017 Authors : Charlie Fikry

In the great majority of divorces, a key element of financial proceedings is the redistribution of assets between the parties.  One party's pension pot can represent a substantial percentage of those assets.  For many couples therefore, achieving a fair division of the family assets has to take...

The European family in crisis: the consequences of Brexit on English family law News - Briefing

Date: 06/10/2016 Authors : Nicholas Bennett

The metaphor of Brexit as "divorce" has become a cliché since the referendum result. To this commentator's eye at least, it betrays a misunderstanding of the United Kingdom's relationship with the European Union. Divorce requires a marriage. Marriage requires a loving relationship (or so at least...

Listening ears switched on? The voice of the child in family proceedings News - Briefing

Date: 03/10/2016 Authors : Sarah Hutchinson, Rebecca Heyworth

Children are always being told the importance of listening to others, but are the courts listening to children when making decisions that affect them the most? What are their wishes and feelings about their lives, their families and their arrangements, and how much should those wishes and feeling...

Second chances: Financial provision after a foreign divorce News - Briefing

Date: 03/10/2016 Authors : Sara Hunt

England is often referred to in the media as the divorce capital of the world. It is widely known to be one of the more generous to wives in the world. Not only this, but the English court can in some circumstances order a divorce settlement even where a couple have already divorced (and received...

Family Arbitration: 5 Top Myths News - Briefing

Date: 03/10/2016 Authors : Annmarie Carvalho

Since family arbitration was introduced in 2012, over 100 cases regarding family finances on relationship breakdown have been resolved by this method. On 18 July 2016, arbitration was introduced for family disputes in relation to children. So disputes about, for example, where and with whom the...

Unmarried Parents: The Cost of Raising a Child News - Briefing

Date: 19/05/2016 Authors : Daisy Tarnowska

The financial provision available on divorce is well known and often the subject of media interest. It is rare for a week to go by without the national press reporting on the financial provision awarded in a salacious big money divorce. In contrast, the scope of financial provision available to...

A new method of resolving disputes regarding children News - Briefing

Date: 19/05/2016 Authors : Flora Harragin

The Institute of Family Law Arbitrators (IFLA) launched the Family Law Arbitration Scheme in early 2012.  The scheme created a new form of dispute resolution for family law disputes.  It enabled couples to appoint a chosen arbitrator to deal with their case and, importantly, impose a binding awar...

Desert Island Risks: Support for Separate Corporate Personality in the Family Division News - Briefing

Date: 19/05/2016 Authors : Nicholas Bennett

For some considerable time now, the English judiciary have been telling matrimonial lawyers that they are not so very special and should behave accordingly. 

Tick tock, a race against the clock: Securing divorce jurisdiction within Europe News - Briefing

Date: 28/01/2016 Authors : Rebecca Heyworth

The recently reported case of A (Judgment) [1]    has once again thrown the spotlight on jurisdiction races in divorce.

Legal Parenthood: Who's the daddy? … or mummy? … or second mummy? News - Briefing

Date: 28/01/2016 Authors : John Davies

In a recent judgment the President of the Family Division, Sir James Munby, asked the question "What, after all, to any child, to any parent, never mind to future generations and indeed to society at large, can be more important, emotionally, psychologically, socially and legally, than the answer...

Sharland and Gohil: a warning to dishonest divorcees News - Briefing

Date: 27/01/2016 Authors : Elizabeth Burch

In October we saw the Supreme Court hand down their hotly anticipated judgments in the cases of Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61.  The media frenzy was fixated on what they saw as a slam dunk victory over dishonest divorcees, and the potential flood of new claim...

Family courts: going against tradition News - Briefing

Date: 02/12/2015 Authors : Annmarie Carvalho

This article was first published in The Law Society Gazette, reproduced here with kind permission of the editor. Non-court options in family law disputes will often be in the client's best interests. Last week saw family practitioners promoting non-court options to mark Family Dispute Resolution...

Marriage material? What to tell your future spouse before you sign a pre-nup News - Briefing

Date: 14/10/2015 Authors : Frederick Tatham

It is a common fear in financial proceedings on divorce that one's spouse will fail to be completely honest about his or her financial position, but would you ever expect to be misled before you're even married? Please click here to read the article in full.

When is a final order not a final order? News - Briefing

Date: 14/10/2015 Authors : Daisy Tarnowska

Setting aside or changing the terms of a final order that has been made by the courts of England & Wales is rare. It is important that parties have certainty as a matter of public policy and, therefore, only in very limited circumstances can the court overturn its own orders. One such circumstanc...

'Argument, persuasion, cajolement, blandishments, inducements, sanctions… '; How far is a parent required to go to encourage contact with children? News - Briefing

Date: 14/10/2015 Authors : Annmarie Carvalho

In a recent Court of Appeal case [1] the President of the Family Division emphasised the 'responsibility' of both parents to encourage their children to spend time with the other parent following relationship breakdown.

Picking up the pace of change: Ireland vote for equal marriage News - Briefing

Date: 09/10/2015 Authors : Elizabeth Burch

Ireland became the 21 st country in the world to approve equal marriage on 22 May 2015. Indeed, they are the 10 th country in the world with dominant Catholic populations to do so.

Arbitration – a Practical View from the Coal-face News - Briefing

Date: 07/09/2015 Authors : Simon Bruce  , Flora Harragin

This article was first published in the May 2015 edition of Family Law, reproduced here with kind permission of the editor.

Families and Addiction News - Briefing

Date: 18/08/2015 Authors : Annmarie Carvalho

The Family Drug and Alcohol Court goes from strength to strength, but how does it work and where does it fit into the wider picture of dispute resolution and changing court attitudes? The article was published in The Resolution Family Law Magazine (‘The Review’) about families and addiction. It...

To Be or Not to Be...upheld? That is the Question News - Briefing

Date: 29/06/2015 Authors : Josephine Fay

A nuptial agreement – whether pre or post-nuptial – seeks to determine how assets should be divided in the event of divorce or separation and/or regulate financial affairs during marriage.  Whereas a pre-nuptial agreement is entered into before the marriage, a post-nuptial agreement (as one would...

Wright or Wrong? The end of the meal ticket for life? News - Briefing

Date: 25/06/2015 Authors : Flora Harragin

In the recent and widely publicised case of Wright v Wright [1] , the wife was told that "there is a general expectation in these courts that once a child is [aged 6/7], most mothers can consider part time work consistent with their obligation to their children" and "a working mother at this stag...

For better for worse: Take your spouse as you find them News - Briefing

Date: 25/06/2015 Authors : Victoria Walsh (née Stratton)

A question commonly asked by a spouse seeking legal advice following the breakdown of their marriage is the extent to which bad behaviour will be taken into account by the court when determining an overall financial settlement.

Protecting Family Wealth: The Use of Trusts and Contracts by International Families News - Briefing

Date: 20/05/2015 Authors : Simon Bruce  , Daisy Tarnowska

This article was first published in the March 2015 edition of the Union International des Avocats newsletter, reproduced here with kind permission of the editor.

Alcohol, drugs, food, sex, shopping, gambling: The Secrecy of Addiction News - Briefing

Date: 22/04/2015 Authors : Annmarie Carvalho

Addiction is the biggest preventable killer in the UK. Addiction is an insidious illness, permeating every strata of society. While awareness continues to grow about its impact, the nature of the condition is still prone to misunderstanding. Some take a less than sympathetic view towards those wh...

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