Blog - Page 5

Heterosexual couple lose battle for civil partnership

Published: 1st March 2017

A heterosexual couple campaigning for a same-sex civil partnership have narrowly lost their fight in the Court of Appeal. This comes after they challenged a ruling that stated they were not able to form a civil partnership, based on the legal requirement of a civil partnership requiring that the couple are two people of the same sex. The judges involved in the case did suggest that there was a potential breach of their human rights and, in the verdict, it was suggested that the government needsmore time to decide the future of civil partnerships.

Government rejects latest calls to introduce no-fault divorce system

Published: 23rd February 2017

The Government have confirmed to the House of Lords that they have no plans to reform current divorce law to introduce a 'no-fault divorce' system in England and Wales, despite widespread calls from family lawyers and other organisations to do so.

Pension fight won by cohabiting partner in Supreme Court

Published: 16th February 2017

A unanimous decision in the Supreme Court has allowed Denise Brewster an appeal, announcing that the requirement of her and her late cohabiting partner, William McMullan, to make a nomination to the pension scheme should not apply. This decision will mean that Ms Brewster will now receive a survivor’s pension.

Association of Lawyers for Children express concerns over LASPO Act

Published: 10th February 2017

The Association of Lawyers for Children (ALC) have expressed their concerns over an initiative to stop victims of physical and sexual abuse being cross-examined by their alleged assailants in the Family Court in a letter to Secretary of State for Justice, Liz Truss, and the Minister for Courts and Legal Aid, Sir Oliver Heald QC.

Divorce Court sees Millionaire couple battle over £11m fortune

Published: 3rd February 2017

The wife of a millionaire has claimed that her husband tricked her into signing a prenuptial agreement in order to protect his £11m fortune. The wife claimed that she had been told by her husband that it was ‘just a piece of paper’, implying that she had been misled and duped into signing it.

Court rule changes regarding child contact for violent fathers

Published: 30th January 2017

Senior UK judges are taking steps to ensure that fathers with a history of domestic violence will not be automatically entitled to have contact with their child. In cases where the father has been proven to have a history of domestic violence, the safety of the child and mother would be considered and the father would not be granted access to their child. The aim is to endthe general presumption that a father must be given contact with their child, even if their history poses a risk to both mother and child.

Ministry of Justice report on the implementation of Law Commission proposals

Published: 19th January 2017

A report has been published by the Ministry of Justice that highlights the implementation of proposals made by the Law Commission.

Justice Secretary calls for an end to victims being cross-examined by their abusers

Published: 13th January 2017

The Justice Secretary Liz Truss has called for the family courts to follow the criminal courts inbanning the cross-examination of victims by ex-partners who have previously been violent to them.

Family court to hold court hearings in public for the first time

Published: 7th January 2017

In a radical trial that is being pursued by England and Wales’ leading family judge, court hearings are set to be held in the public eye for the first time. In a bid to continue to provide more transparency, the president of the family division of the high court, Sir James Munby, has stated that certain types of hearings would be held publicly. Although correct measures are expected to remain in place to protect identities, a separate plan is being considered to grant the media access to documents that may have been kept secret in previous hearings.

Research shows parents are working together to manage child support through Child Maintenance Service

Published: 29th December 2016

The Department for Work and Pensions has released new research that shows many separated parents that use the Child Maintenance Service (CMS) are able to manage child support payments between themselves. The new system allows parents to come to an arrangement regarding the payments and the results of the research show that with most cases that include Direct Pay, the arrangement is still in place a year later.

Claim by Trustee in Bankruptcy against deceased’s ex-wife dismissed in court

Published: 20th December 2016

A recent judgement has been published involving the dismissal of a claim by the trustee in bankruptcy under Sections 23 and 24 of the Matrimonial Causes Act 1973, where the bankrupt was deceased.

Latest ONS figures show continued decline in divorce rates

Published: 12th December 2016

The latest figures released by the Office for National Statistics on 5 December 2016 show that the number of divorces throughout England and Wales in 2014 was 111,169 – which is 3.1% less than in 2013.

Government rejects suggestions for the divorce fee rise to be rescinded

Published: 30th November 2016

The House of Commons Justice Committee has had their recommendation of rescinding the increase of the divorce petition fee to £550 rejected by the Government.

Court of Appeal make landmark judgement about witnesses’ rights to appeal in family law proceedings

Published: 22nd November 2016

A landmark judgement regarding the rights of witnesses to challenge adverse judicial findings in family related proceedings has been made by the Court of Appeal.

Cohabitation remains the UK’s fastest growing family type

Published: 14th November 2016

Cohabiting couples continue to be the UK’s fastest growing family type of 2016, after new figures were released by the Office for National Statistics (ONS) on the 4th November 2016.

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