Latest Legal News

Court Appearance May Not Mean Public Disclosure

The principle of open courts is highly valued in the UK legal system. However, it is often a worry to people engaged in legal proceedings concerning family or marital issues that by going to court their family's private affairs will become public knowledge. ...

Ignore Court Orders At Your Peril

A wealthy Omani man who failed to pay to his ex-wife the financial settlement ordered by the court, or to cooperate with disclosure orders, faces arrest if he attempts to return to the UK. When the couple's marriage broke up, they were divorced under Omani...

Absence of Evidence Dooms Unequal Shares Claim

The legal ownership of property is not always the same as the beneficial ownership and disputes can arise when no documentation is executed to show the two are different. Such was the case in a recent dispute which occurred after a couple who had two...

No Fault Divorce Legislation Promised in Next Parliamentary Session

The process of divorce in the UK has for many years been seen as rather long-winded and tending to produce more conflict than need be. One of the reasons for this is that the grounds which demonstrate an 'irretrievable breakdown' of a marriage – the...

Mother Placed Under Improper Judicial Pressure to Consent to Care Orders

The quality of British justice is respected around the world – but there are inevitably occasions when judges overstep the mark. In a family case on point, a mother had her two young children taken into care after a judge dismissed out of hand...

International Dimension Makes Child Travel Risky

The welfare of children is always top of the list of priorities of the Family Court when making arrangements following the break-up of a family. This can be especially difficult where the parents are from different countries, as shown by a recent case in...

High Court Decision Underlines the Finality of Divorce Arbitration Awards

Divorcing couples can sometimes achieve savings of both time and money by opting for arbitration, rather than court proceedings, as a means of resolving any financial disputes. However, as a guideline High Court case underlined , arbitration has its...

Sharing Principle - Court of Appeal Gives Guidance

The application of the 'sharing principle' to big money divorces is more than a matter of simple mathematics, and what family judges aim to achieve is a broadly fair outcome for both sides. That was certainly so in one case in which the Court of Appeal...

Commercial Surrogacies Abroad Are Not Illegal - Court of Appeal Ruling

Although commercial surrogacy businesses have long been banned in the UK, the Court of Appeal recently ruled that a clinical negligence victim would not be breaking the law were she to enter into such an arrangement in California, where a more liberal...

Procedural Unfairness Stops Council Care Action

When the mother of a teenage daughter who had been taken into care in 2016 with her agreement had another child, the local council's social services department became involved. The woman's daughter had been removed from home as a result of her mother's...

UK Fairness Test Mitigates Italian Pre-Nuptial Agreement

The law relating to the division of family assets on divorce varies widely across the world and the UK is generally regarded as one of the fairer jurisdictions for such financial arrangements in that the assets tend to be divided more equally than in many...

Misled Mother to Lose Home

It may sound overcautious to say so, but it is always worth taking legal advice before entering into any significant arrangement, even when it is with a trusted member of the family. Failing to do so has proved to be an expensive lesson for a woman who has...

Recalcitrant Husband Banned From Paying His Lawyers Until Arrears Cleared

It is commonplace for one spouse to control the family finances and, while relations are amicable, this usually causes few issues. However, if the relationship falls apart and separation or divorce is in train, this is often no longer the case. When a...

Vaccinations Protect Child's Welfare

There has been a massive amount of disinformation put about over the years (and, apparently, recently promoted by the Russian security services) regarding the effects of various vaccinations on children. One result is that some parents are deeply wary of...

Child Contact Disputes Can Be Defused by Mediation - But Take Advice Soon

If parents engaged in child contact disputes take up entrenched positions, it is very nearly always the child that suffers most. Such disputes can often be defused by taking legal advice at an early stage in order to promote dialogue and an amicable...

Wife Must Pay for Her Own Mistakes

The Supreme Court recently decided a case which made clear some of the limits that apply when financial issues were resolved within a consent order at the time of a divorce but where circumstances have changed over time and one spouse seeks to have the...

Long-Term Partner Wins Right to Stay in House

Those who doubt the legal advantages of getting married should take note of a case in which an elderly man was left facing homelessness after his partner's unexpected death and had to go to court to seek reasonable provision from her estate. The unmarried...

Supreme Court Says No to Divorce Based on Weak Unreasonable Behaviour Claim

The Supreme Court judges' decision to prevent a wife from divorcing her husband , which was made 'without enthusiasm', is expected to lead to calls for a rapid change in the law. The case arose after a wife's application for a divorce was opposed by her...

Switzerland, Not London, the Right Venue for Big Money Divorce

The perceived generosity of English judges in big money divorce cases has made the UK the venue of choice for some – but anathema for others. However, as one case showed, judicial priorities have more to do with fairness than finance. The case...

Get an Agreement - Especially Where Family Members Are Involved!

It is normal for money, often considerable sums, to pass between family members. However, when this is done without legal advice, it is only too common for disputes to arise as to whether or not the sums concerned were meant as gifts. Disputes between family...

Wife Seeking Divorce Fails to Prove English Domicile

London has gained a reputation as 'the divorce capital of the world' because settlements reached are, by international standards, very generous towards women. It is no surprise, therefore, that the courts in this country are a very popular choice of venue...

Unmarried Partners and Widowed Parent's Allowance - Supreme Court Rules

A decision of the Supreme Court announced today has important implications for unmarried partners of people who have died. The case involved a woman from Northern Ireland who was denied Widowed Parent's Allowance (WPA) after her partner of 23 years passed...

Financial Claim Based on Support After Divorce Fails

The usual course of events on divorce is that there is a financial settlement which divides up the family assets as they are at that point in time. This takes into account the expected future income and need for income of the couple who have split up, based...

Possible Separation From Mother Intolerable, Rules Court

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...

Pre-Nup Upheld When Implications Understood

Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...
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