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.
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.
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.
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.
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.
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.
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.
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’.
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'.
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.
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.
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.
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.
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.
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.