Prof David Hodson OBE KC(Hons) MCIArb writes about the new no-fault divorce law coming into force in April 2022, drawing attention to its significant benefits but also highlighting some of the problems likely to occur in practice. Executive summary From 6 April 2022 England and Wales has a new divorce
When going through a divorce it is common to experience the fear of being left penniless by your spouse. This may be because he or she will dispose of assets so that no money is left to divide on divorce or by doing things such as transferring property into someone
On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the
From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since
The rapid growth of technology has led societies to adapt to the circumstances that a new, digital reality, as some would describe it, has been created. The digital world is constantly morphing and evolving, while applying to almost every aspect of our lives. Technology is an indispensable tool that people
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
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