The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there
The Coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and
Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a ‘clean break’. However, in most cases when marital assets are shared but the financially weaker spouse also needs additional
When the Family Procedure Rules 2010 (FPR) originally came into force in April 2011, rule 8.26 provided that applications for leave under Part III must be heard by ‘a judge, but not a district judge’. Rule 8.28 of the original rules went on to provide that if the leave application
Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a ‘common law’ husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is
The last thing an entrepreneur has is time! Therefore, if an issue as personally and emotionally exhausting as family breakdown should arise the potential for it to cause a harmful distraction from work needs to be managed carefully. Part I of this article explains the sorts of scenarios where entrepreneurs
One of the features of the new family law landscape on the UK leaving the EU is the re-emergence of sole domicile, a jurisdictional connecting feature in English law over many decades. It is now a primary basis for divorce as it was until the end of February 2001 when
The UK’s departure from the European Union in 2020 signalled the careful and complex process of the uncoupling of our domestic law from 45-odd years of law originating from the EU. Whilst the Brussels-based Court of Justice of the European Union (CJEU) no longer has the same role in law
There are a lot of myths and misconceptions about international family law issues. Here are our top 10: I have to divorce in the country where I was married If my child’s other parent refuses to allow me to relocate abroad with the children, there is nothing I can do?
This new book explains Family Law in leaving the EU. Every practitioner should have a copy. ‘Family law leaves the EU: A summary guide for practitioners’ This is a new textbook published today, 20 October 2020, by LexisNexis and written by one of the world’s leading family lawyers, Prof David
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