Family and Matrimonial News

Are Parents Obliged to Control Unruly Children? High Court Test Case

June 24, 2020

To say that parents bear a moral responsibility to ensure that their children behave themselves in public is uncontroversial – but are they ...

Channel Islands Are Not 'Overseas Countries' - Guideline Divorce Ruling

June 8, 2020

The Channel Islands may be separated from the UK mainland by miles of water, but they are not overseas countries. In an unusual case, that simple ...

Validity of Marriage - Court of Appeal Takes Rigorous Approach

May 6, 2020

The full rigour of formalities that must be gone through in order to solemnise a marriage have been upheld in a landmark case. The Court of Appeal ...

Adoption Only Justified If Nothing Else Will Do

March 25, 2020

Adoption of children outside their natural families is always a last resort and will only be permitted if nothing else will do. The Court of Appeal ...

Couple Subjected to Race Discrimination By Adoption Agency Win Damages

February 21, 2020

Race discrimination may not be intentional, but it can be deeply hurtful and, with the right legal advice, victims can both express their disgust and ...

High Court Assists Husband in Drawing a Line Under His Divorce

January 6, 2020

Litigation can be long and bitter, but it is the prime objective of the justice system to eventually bring it to a satisfactory end. In a case on ...

Failing to Disclose Assets Can Bite Back in Divorce

December 9, 2019

In a case illustrating the importance of candour regarding financial circumstances in divorce proceedings, a husband who failed to disclose the true ...

Court Orders Must Be Obeyed

November 7, 2019

Public confidence in the civil justice system would collapse if court orders were not rigorously enforced – however agonising complying with ...

Growing Number of Cohabiting Couples Leaves More Families Open to Risk

October 20, 2019

Cohabiting couples are the fastest-growing family type in the UK, according to newly released figures from the Office of National Statistics ...

Big Money Divorce Engages Family Judge in Company Valuation

September 23, 2019

Companies are notoriously difficult to value, and particular problems can arise when they form the principal assets to be divided in divorce ...

Court Returns Two-Year-Old to Land of Birth When Parents' Marriage Collapses

August 15, 2019

For a UK court to have jurisdiction over a family law case, it is necessary to show that at least one party to it has habitual residence in the UK. ...

Time of the Essence in Overturning Agreements Made Under Duress

August 1, 2019

We have often stressed the importance of obtaining high-quality legal advice in any dispute and starting any necessary legal action as soon as ...

Court Appearance May Not Mean Public Disclosure

July 14, 2019

The principle of open courts is highly valued in the UK legal system. However, it is often a worry to people engaged in legal proceedings concerning ...

Ignore Court Orders At Your Peril

June 23, 2019

A wealthy Omani man who failed to pay to his ex-wife the financial settlement ordered by the court, or to cooperate with disclosure orders, faces ...

Mother Placed Under Improper Judicial Pressure to Consent to Care Orders

May 8, 2019

The quality of British justice is respected around the world – but there are inevitably occasions when judges overstep the mark. In a family ...

High Court Decision Underlines the Finality of Divorce Arbitration Awards

April 11, 2019

Divorcing couples can sometimes achieve savings of both time and money by opting for arbitration, rather than court proceedings, as a means of ...

Sharing Principle - Court of Appeal Gives Guidance

April 2, 2019

The application of the 'sharing principle' to big money divorces is more than a matter of simple mathematics, and what family judges aim to achieve ...

Commercial Surrogacies Abroad Are Not Illegal - Court of Appeal Ruling

March 15, 2019

Although commercial surrogacy businesses have long been banned in the UK, the Court of Appeal recently ruled that a clinical negligence victim would ...

UK Fairness Test Mitigates Italian Pre-Nuptial Agreement

February 12, 2019

The law relating to the division of family assets on divorce varies widely across the world and the UK is generally regarded as one of the fairer ...

Recalcitrant Husband Banned From Paying His Lawyers Until Arrears Cleared

January 7, 2019

It is commonplace for one spouse to control the family finances and, while relations are amicable, this usually causes few issues. However, if the ...

Vaccinations Protect Child's Welfare

December 18, 2018

There has been a massive amount of disinformation put about over the years (and, apparently, recently promoted by the Russian security services) ...

Child Contact Disputes Can Be Defused by Mediation - But Take Advice Soon

December 7, 2018

If parents engaged in child contact disputes take up entrenched positions, it is very nearly always the child that suffers most. Such disputes can ...

Wife Must Pay for Her Own Mistakes

November 21, 2018

The Supreme Court recently decided a case which made clear some of the limits that apply when financial issues were resolved within a consent order ...

Supreme Court Says No to Divorce Based on Weak Unreasonable Behaviour Claim

October 23, 2018

The Supreme Court judges' decision to prevent a wife from divorcing her husband, which was made 'without enthusiasm', is expected to lead to calls ...

Switzerland, Not London, the Right Venue for Big Money Divorce

October 9, 2018

The perceived generosity of English judges in big money divorce cases has made the UK the venue of choice for some – but anathema for others. ...

Get an Agreement - Especially Where Family Members Are Involved!

September 19, 2018

It is normal for money, often considerable sums, to pass between family members. However, when this is done without legal advice, it is only too ...

Financial Claim Based on Support After Divorce Fails

August 28, 2018

The usual course of events on divorce is that there is a financial settlement which divides up the family assets as they are at that point in time. ...

Jail for Husband Who Flouted Court Ruling

July 11, 2018

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in ...

Future Earning Capacity Not a Matrimonial Asset

June 25, 2018

The Court of Appeal has made an important decision in a divorce case in which the main argument was over the availability of future income to fund ...

Family Attachment a Critical Factor in Adoption

February 7, 2018

When the Family Court was asked to consider an application for an adoption order made by a couple, two factors proved crucial in deciding whether it ...

Court Corrects Parenthood Bungle

December 12, 2017

When a same-sex couple undertook fertility treatment which led to the birth of a baby girl, the intention was that both would be listed as her legal ...

Government Must Prove its Case to Obtain Deportation

November 23, 2017

Marriages of convenience are normally entered into in order to give one of the spouses the right to remain in the UK. At present, EU citizens ...

Family Proceedings - Anonymity Orders v Freedom of Expression

October 26, 2017

Family courts routinely grant anonymity to children involved in care proceedings, but that inevitably has an effect on parents and others who might ...

Denied Divorce Case Heading to Supreme Court

October 12, 2017

It has been revealed that the widely reported case last March in which a wife was not granted a divorce from her husband because she could not ...

Parenthood is Not a Trump Card to Avoid Imprisonment

October 1, 2017

Imprisoning parents is inevitably traumatic for their children, and striking a balance between child welfare and appropriate punishment of criminals ...

Equality of Division of Assets on Divorce Abolished? Hardly

September 17, 2017

The popular press has made a great deal of a recent Court of Appeal case, reporting that there had been a significant departure from the general ...

Skulduggery in Divorce Proceedings Will Do You No Good

August 16, 2017

Resorting to skulduggery in divorce proceedings is sadly common but almost never does either side any good. That was certainly so in one case in ...

Mothers Denied Child Residence Orders

July 26, 2017

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create ...

Mothers Denied Child Residence Orders

July 26, 2017

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create ...

Court Unwilling to Force Family Home Sale

July 12, 2017

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when ...

Court Unwilling to Force Family Home Sale

July 12, 2017

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when ...

Failure to Take Advice Proves Costly in Family Arrangement

June 27, 2017

No matter how much you may trust relatives or close friends, you should never sign important documents without independent legal advice. In one case ...

Failure to Take Advice Proves Costly in Family Arrangement

June 27, 2017

No matter how much you may trust relatives or close friends, you should never sign important documents without independent legal advice. In one case ...

High Court Encourages Social Workers to Make Use of Facebook

June 5, 2017

In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family ...

High Court Encourages Social Workers to Make Use of Facebook

June 5, 2017

In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family ...

Giving Up Your Career to Get Married? Think Twice!

May 17, 2017

A person who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their ...

Giving Up Your Career to Get Married? Think Twice!

May 17, 2017

A person who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their ...

Divorce: Asset Division Not Always Equal

May 4, 2017

In general, there is a presumption that on divorce the assets will be split more or less equally, but that is based on case law interpretation of the ...

Divorce: Asset Division Not Always Equal

May 4, 2017

In general, there is a presumption that on divorce the assets will be split more or less equally, but that is based on case law interpretation of the ...

Court Enforces Pre-Nuptial Agreement

April 17, 2017

When the marriage of a wealthy couple broke up, the English court had the opportunity to consider the impact of two pre-nuptial agreements the couple ...

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