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
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 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
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
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?
David Hodson OBE MCIArb explores areas where, post Brexit and with the differences behind them of continued membership, the UK and the EU should work together collaboratively for the benefit of international families and to further International family Law. This is a work in progress and has been shared with
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