Alternative Methods of Family Dispute Resolution

The keynote address by Lord Wilson of Culworth, delivered at a reception at The Reform Club on 29 November 2011 hosted by Collaborative Family Law.

Full article: Family Law Week

One step forward, one step back: Jones v Kernott

Alexander Chandler of 1 Garden Court analyses the Supreme Court judgment in Jones v Kernott and evaluates the extent to which it clarifies the law applicable to the determination of cohabitation disputes.

Full article: Family Law Week

The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 2.

In the second of a Two Part Article, Christian Jowett and Rhys Taylor of Temple Chambers offer insights for the family lawyer into the law and practice of confiscation proceedings and their impact on financial remedy proceedings.

Full article: Family Law Week

Statutory reform is needed to create a fair judicial process for cohabitants

On 9 November the Supreme Court delivered its judgment in Kernott v Jones, a case concerning the property rights of cohabitants.

Full article: Law Society Gazette

Ante-Nuptial Agreements and the Sharing Principle post Radmacher: Z v Z [2011] EWHC 2878

What was abundantly clear from the Supreme Court's decision in Radmacher v Granatino [2010] was that, until Parliament addressed the issue, whatever the wording of an ante-nuptial agreement between the parties, upon distribution on divorce, the ‘needs level' of either party would continue to be protected under the s 25 statutory exercise.

Full article: Family Law

The Proceeds of Crime Act 2002 in Financial Remedy Proceedings Part 1.

In the first of a two part Article, Christian Jowett and Rhys Taylor of Temple Chambers offer insights for the family lawyer into the law and practice of confiscation proceedings and their impact on financial remedy proceedings.

Full article: Family Law Week

Cross Border All-Ireland Family Law Initiative

At the weekend, 11th of November 2011, there was a historic launch in Belfast of a cross-border initiative between the family lawyers of Northern Ireland and the Republic of Ireland.

Full article: Family Law

Fair and loathing

The ruling in Jones v Kernott indicates the court will take greater account of what it considers 'fair' in cohabitation disputes, but will it bring about substantial change or will campaigners have to wait for legislation to reform the law?

Full article: Solicitors Journal

Jones v Kernott – Another helping of the witches brew?

The long-awaited judgment of the Supreme Court is with us, but does it delight or disappoint?

Full article: Family Law Week

Mesher Orders in Practice

Richard Tambling of One Garden Court reviews the legal and practical issues arising in financial remedies cases where Mesher orders may be the appropriate solution.

Full article: Family Law Week

Jones v Kernott – A not-so-common intention

I am not going to regurgitate the facts of Jones v Kernott [2011] UKSC 53 which, although unusual, are now well known and a summary can be found here.

Full article: Family Law

Review means family justice changes are needed

The final report of the Family Justice Review published last week describes delays in public law as scandalous, with care proceedings taking on average over a year to complete and private law cases an average of 32 weeks - delays which risk incalculable harm to already vulnerable children and families.

Full article: Law Society Gazette

Norgrove review could have gone further

The Norgrove review of family law has made some worthwhile recommendations but has missed an opportunity for a more radical overhaul, says Jon Armstrong.

Full article: Solicitors Journal

The court of protection: defender of the vulnerable or shadowy and unjust?

Court hears 23,000 often harrowing cases a year, making decisions for people unable to manage their own affairs.

Full article: The Guardian

Finance & Divorce Update Autumn 2011

Joanna Grandfield, with Mills & Reeve, reviews the latest key matrimonial finance cases from the summer and early autumn.

Full article: Family Law Week

Family Justice Review – a few thoughts

And the answer is... yes - the Family Justice Review Panel has recommended in its final report the abolition of the terms contact and residence in favour of "child arrangements orders".

Full article: Family Law

Parallel Universe

I can't imagine many policy makers will read more than three of the 225 pages of the Family Justice Review Committee's final report.

Full article: Family Law

Family Justice Review Analysis: Mark Paulson, The Law Society

The Ministry of Justice today published the Family Justice Review's final report. The report's recommendations will need careful studying by everyone working in family justice - judges, lawyers, social workers and guardians.

Full article: Family Law

Children's welfare should not be trumped by parents' rights

It is right to try to keep families together, but we must be quicker to recognise when that's not possible.

Full article: The Guardian

Features of Islamic family law

The Institute of Advanced Legal Studies held an informative evening presentation on 27 October on Islamic family law and practice given by Aina Khan, a family lawyer with a distinctive Islamic based practice at Russell Jones and Walker.

Full article: Family Law

Untying The Knot

The dissolution of a marriage is not often straightforward and can be complicated by the dividing up of both parties' pension provision.

Full article: Mondaq (registration required)