Blog - Page 4

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'.

Husband suggests that divorce court should take wife’s family wealth into consideration

Published: 1st August 2017

The Court of Appeal has heard a plea from a husband who has argued that the wealth of his wife's father should be taken into consideration whendeciding upon the outcome of their divorce settlement. The couple, married for 14 years with three children, split in 2013.

Resolution calls for more financial advisors to work in family law

Published: 14th July 2017

In a report published in conjunction with the Personal Finance Society, family law organisation Resolution have indicated a significant need for more specialist financial advisers to enter into the area of family law. The report showed that there are only 42 financial advice specialists within the UK family law sector, which is just one specialist per 5,000 people that acquire a divorce each year.

The Law Society plans legal aid provision for the rescue of civil justice

Published: 5th July 2017

The Law Society are calling for big changes to civil legal aid provision to help vulnerable people being denied justice, four years after severe cuts left the legal aid landscape in ruins.

Difficulties with ending a marriage - the case for a reform of divorce laws

Published: 26th June 2017

Current divorce law is now more than 40 years old following its introduction in 1973 and it is feared that whilst society has progressed, legislation hasn’t kept up with today's modern families. Almost 75% of divorces are now filed on a ‘fault-based ground’, with a large proportion of those being for unreasonable behaviour of one of the parties, leading for calls to reform current outdated divorce laws.

Domestic Violence and Abuse Bill Announced in Queen's Speech

Published: 23rd June 2017

Draft legislation for a new Domestic Violence and Abuse Bill was announced during the Queen's Speech on 21 July 2017, with a view to transform the Government's approach to tackling domestic violence in England and Wales.

Court of Appeal ruling abandons equal sharing principle for short marriages

Published: 19th June 2017

A recent ruling in the Court of Appeal has raised questions over the long-standing equal sharing principle, following a successful appeal which saw an ex-wife lower her husband's payout to just £2 million from assets totalling £5.45 million.

International Family Law Arbitration Scheme Announced

Published: 12th June 2017

During the AFCC Annual Conference in Boston, USA, leading international family lawyers David Hodson and Professor Patrick Parkinson announced that there is to be a new scheme to help international families.

Tories promise new domestic violence laws to protect children

Published: 5th June 2017

Prime Minister Theresa May has recently said that she believes her party hasmade considerable progress ‘towards tackling domestic violence’, however she would like to take further steps against the issue.

Top judge believes divorce and money battles should be separate issues

Published: 24th May 2017

The most senior family judge in England and Wales, Sir James Munby, has suggested that the issues that couples have regarding the splitting of their money should be a completely separate process to their divorce proceedings. He also called for new online divorce proceedings, whilst referring to the government’s 'lamentable history of procrastination' where the reforming of laws surrounding divorce is concerned.

Woman receives £4.25 million payout after 23 months of marriage

Published: 18th May 2017

After a marriage that lasted 23 months, a woman has been awarded a £4.25 million payout by a family court judge. The pair, who cannot be identified for legal reasons, married in Las Vegas in October 2011 before separating in September 2013.

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