Published: 2 February 2018
As the rates of both international divorces and cross-border child abductions increases within the EU, the European Parliament has called for an increased focus on the protection of children’s rights within international disputes of divorce. Members of the European Parliament are calling for experienced and practicing family law judges to play a key role in child abduction cases, as well as for children to be able to express their opinions within cases.
Published: 26 January 2018
A new study has revealed that working parents in the UK are suffering from the strain that work requirements are placing upon their family, with many looking to downscale their careers in order to protect their family life and marriage. Working Families and Bright Horizons, a charity which describes itself as a‘work-life balance organisation’, recently released the report suggesting that work can place such unbearable pressure on relationships that it can lead to separation.
Published: 15 January 2018
While recent figures regarding family mediation show that the number of family mediation sessions taking place within the UK is decreasing, the National Family Mediation expect to see a spike in sessions during this month.
Published: 5 January 2018
Child experts throughout the UK are joining forces to create the ‘Brexit and Children’ coalition, publishing a report that highlights the potential implications and effects that Brexit might have for children in the UK. Barnardo’s and The Children’s Society are just two of the organisations that have come together to form this coalition, which is focusing on ensuring correct measures are put in place to provide sufficient protection for children and their rights following Brexit.
Published: 21 December 2017
A recent survey conducted by the Magistrates Association has found that 68% of those in family court hearings are unrepresented, which is an increase of 27% since 2014, the year following significant cuts to legal aid. Such situations where parents are not represented often lead to incorrect decisions, but more importantly a tough, long process for the children to endure.
Published: 12 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.
Published: 5 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.
Published: 22 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.
Published: 15 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.
Published: 10 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.
Published: 6 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.
Published: 20 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: 14 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: 6 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: 28 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: 21 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: 12 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: 4 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: 28 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: 14 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'.