Separation & Divorce

The law is an ass: goodbye to the knock-out blow

Potanin v Potanina: The Supreme Court Decision On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [1].  These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce.  Although the parties in this case have

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Spousal Maintenance by Formula: The Canadian Experience

Introduction The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed. One of the areas which

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Cohabiting Couples and what to do with the property when it does not work?

The recent announcement at the Labour Party conference by the shadow attorney-general Emily Thornberry MP has re-highlighted the importance of reform of rights of cohabitants. An increasing number of couples are deciding to cohabit rather than enter into a marriage or a civil partnership. According to the Research Briefing published

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The Divorce Podcast – Is 50/50 always Fair?

Prof David Hodson OBE KC(Hons) MCIArb and renowned legal correspondent Joshua Rosenberg, join Kate Daly of Amicable in The Divorce Podcast to discuss the proposed reform by the Law Commission in respect of financial outcomes on divorce. Specifically to discuss whether 50/50 is a fair way to divide money and

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Schools and Child Arrangements Post Separation

Separation, when a relationship breaks down, can be a very stressful process for the adults involved, but even more stressful for the children who are trying to cope with the changes. School, and similarly nursery in the early stages of education, is critical in a child’s life. Children spend most

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Tying the Knot Abroad

For those romantics, escapees from tradition (Las Vegas chapel not country church) or the merely impetuous, what does getting married abroad mean in terms of validity of the marriage? And for those who marry abroad and subsequently move to live in the UK, is their marriage recognised? The determination of

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