A recent court decision (reported as P and Q) from the lead judge for the London Financial Remedies Court has provided invaluable guidance on the treatment of loans from friends and family members within financial remedy proceedings on divorce. According to a recent survey conducted by Legal & General, in
Executive summary Conduct remains an area in which public and client perceptions vary widely from how case law has developed in the area. This article examines the historical background for conduct as a facet of the divorce process, analyses how conduct is applied by the Courts as a factor within
Summary Some Embassies and Consulates in London perform marriages within their buildings in accordance with their own domestic law. Whilst this may be permitted according to the law of the country of the embassy or consulate, these marriages may not be recognised in English law. This may have very significant
Executive summary The UK left the EU on 31 January 2020, but the law stayed the same until 11 PM on 31 December 2020. From that time onwards, EU laws no longer applied in England and Wales in respect of new proceedings. But the consequence of transitional arrangements is that
In many instances when a marriage breaks down the spouses only have a connection with one country and the divorce and financial proceedings take place there. But what happens when one or both people have a connection with more than one country? It might be that both spouses were born
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
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