Blog - Page 3

Recent Budget Announcements mean Divorced Couples will be Exempt from Stamp Duty Surcharges

Published: 12th December 2017

Following the recent 2017 Autumn Budget announcement, divorcing couples across the country who faced the prospect of paying higher stamp duty rates have been given a reprieve, with Chancellor Phillip Hammond announcing changes to stamp duty surcharges on second homes. Having first been introduced in April 2016 aimed at those buying additional property to their own home, the 3% surcharge has had a number of implications that were initially unintended by the former Chancellor, George Osborne.

Millions at Risk Financially Due to Misunderstanding of Common-Law Marriage

Published: 5th December 2017

Millions of people in the UK are at risk of losing out on finances due to the current legal system and the general misconception surrounding 'common-law marriages'. Couples that are unmarried but living together, otherwise known as cohabiting couples, are one of the fastest growing family types in the UK, and yet many of them do not understand their legal rights in the event of their relationship coming to an end.

Potential Client in Family Law Case Meets with Family Solicitor to Prevent Him from Representing Other Party

Published: 22nd November 2017

A top family solicitor has revealed that a meeting with a potential client was nothing more than an attempt to create a conflict of interest, in order to prevent the solicitor from acting on behalf of the other party.

Office for National Statistics Report Shows a Rise in the Number of Cohabiting Couple Families

Published: 15th November 2017

A report has recently been released by the Office for National Statistics highlighting patterns and trends in living arrangements. In the report, it is stated that cohabiting couple families are now the second largest family type in the UK, as well as the fastest growing. This has, of course, highlighted the need for more awareness of how little legal protection cohabiting couples in England and Wales currently have, particularly as married couples currently have far greater legal rights when compared to cohabiting couples.

Scottish Widows Suggests Divorced Women Miss Out on £5bn of Pension Payments Each Year

Published: 10th November 2017

Following new research conducted by Scottish Widows, it has been found that 70% of couples never consider pensions throughout their divorce, meaning that women are missing out on approximately £5 billion per year. The research has highlighted some key statistics regarding this issue, which should almost certainly influence a change to divorce proceedings in the future.

Dissolutions and Annulments of Marriage: Marital Status, Age and Sex of Divorcees

Published: 6th November 2017

Figures for the dissolution and annulment of marriages have recently been released by the Office for National Statistics. These statistics are particularly useful for understanding the profile of divorcees in today's society and are collated from sources of information recorded by Her Majesty’s Courts and Tribunal Service, during cases of divorce, including previous marital status, sex and age of the individuals getting divorced.

Legal Aid Cuts Have ‘Shaming’ Impact Suggests Senior Judge

Published: 20th October 2017

Senior family court judge Mr Justice Bodey has stated that the impact of legal aid cuts have been detrimental, and that cases which involve individuals representing themselves are ‘shaming’ to preside over. After speaking at his retirement ceremony, it also became clear that he has had to cross-examine witnesses on behalf of litigants in person during his career.

Billionaire property developer claims that he was never married to his ‘wife’ to protect his fortune

Published: 14th October 2017

In a hearing at the High Court, a property developer based in London has made the claim that his ‘wife’ of 14 years is not entitled to his money because they were never actually married in the eyes of the law.

Family Court holds Mortgage Liability Indemnity Power

Published: 6th October 2017

After giving a judgement that was approved by the President of the Family Division, Sir James Munby, Mr Justice Mostyn has confirmed that the Family Court is able to dictate action in relation to mortgage payments. This includes instructing an individual to make the payments, as well as being able to seek compensation for any payments not made.

New Labour-Backed Report Calls for Additional £400 million per year for legal aid

Published: 28th September 2017

A recently released report, backed by the Labour party, suggests that an extra £400m should be spent per year to provide UK residents with access to better legal aid. The report also outlines details that would see a generous legal aid system providing the UK with a right to justice through legal enforcement.The report, which consists of a review led by former Justice Minister Lord Bach, suggests alternative provisions for equality and condemns policies that have led to unfair cuts to legal aid.

HM Judiciary set to reconsider proposals for regulating McKenzie friends

Published: 21st September 2017

HM Judiciary is set to make a reassessment of proposals for regulating the McKenzie Friend sector, following a recent consultation around the banning of fee recovery. The consultation received a large amount of responses, leading the board to create a working group that will aim to review the original proposals set out for regulating McKenzie Friends.

Charities publish briefing paper calling for amendments to European Union Withdrawal Bill

Published: 12th September 2017

In accordance with the second reading of the EU Withdrawal Bill on 7th September 2017, a group of leading children’s charities have called for changes to the Bill that would see the rights of children protected in a more significant way.

Family Lawyers predict a rise in Prenuptial Agreements following uncertainty in divorce ruling

Published: 4th September 2017

Following a ruling in the Court of Appeal, family lawyers across the UK are predicting an increase in the number of couples looking to secure a prenuptial agreement. This comes as a woman sought to receive an equal share of her and her ex-husband’s assets, but failed to do so, seeing her appeal dismissed.

Government wants continued judicial relationship following Brexit

Published: 28th August 2017

The UK Government recently conceded that it will be essential to maintain a continued formal judicial relationship with the EU following Brexit. They have stated, within a paper on civil judicial cooperation, that the UK will seek an agreement that allows for ‘close and comprehensive cross-border civil judicial cooperation on a reciprocal basis’.

Unreasonable behaviour in divorce is a ‘linguistic trap’, hears the Supreme Court

Published: 14th August 2017

The Supreme Court has granted a women the right to appeal the decision to not allow her to divorce her husband, based on his behaviour not being considered 'unreasonable'. This has lead to Philip Marshall QC describing unreasonable behaviour in divorce as a 'linguistic trap'.

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