Anglo Scottish divorce lost in translation and history

If ever there was an example of significantly different outcomes across national borders, notwithstanding close historic ties, it must surely be England and Scotland.

Full article: Family Law

Can the Court Protect Vulnerable Adults who have Capacity?

Moira Sofaer of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.

Full article: Family Law Week

Divorce – needs and non-matrimonial assets: formula or flexibility?

The Law Commission recently published a supplemental consultation paper (Matrimonial Property, Needs and Agreements – Law Com 2012/208) following its earlier consultation on marital property agreements in 2011.

Full article: Halsbury's Law Exchange

A legal right to gay marriage?

Andrew Commins, associate member of St John’s Chambers in Bristol analyses the legal issues relating to the question of gay marriage.

Full article: Family Law Week

English family law costs all at sea

The English media have greatly relished this week reporting on a short leave to appeal hearing in a divorce financial case involving two practising lawyers.

Full article: Family Law

Family lawyers face turbulent year ahead

Family law’s commercial and legal landscape is changing dramatically with the legal aid reforms, the continuing impact of the recession, competition from ABSs and potential legislative changes affecting everyone from the richest to the poorest.

Full article: Law Society Gazette

The Law Commission speaks to England and Wales - and to the world

On Tuesday, 11 September 2012, the English Law Commission produced a consultation paper likely to lead to fundamental reform of financial outcomes on divorce in England and Wales. But although directed to English law in English courts with legislation from the UK Parliament, it has huge significance for family law worldwide. In our separate sovereign jurisdictions, we are no longer islands.

Full article: Family Law

Fact Finding Hearings: Who Pays?

Stuart Hughes and Sabuhi Chaudhry consider recent developments concerning costs in fact finding hearings and the divergence between private law and public law cases.

Full article: Family Law Week

Forced Marriage and the Criminal Law

Charlotte Rachael Proudman provides an overview of the Government’s proposed changes to the law intended to combat forced marriage.

Full article: Family Law Week

Can you unmake a family?

Duncan Ranton examines the recent surrogacy case G -v- G.

Full article: Family Law

Courts will lose vital flexibility’ if family law becomes formulaic

The introduction of a formula to bring consistency to how divorce cases are handled in the English courts could mean some of the ability for judges to base rulings on the individual circumstances of each case are lost.

Full article: Family Law

Lessons from Singapore

Although for years, even decades, it has been countries such as Australia which have led the way in developments in family law and practice, that role is now also being increasingly adopted by new, developing jurisdictions.

Full article: Family Law

Japan fails to adopt Hague child abduction Convention

Mikiko Otani, one of Japan's leading family lawyers, has today, 7 September, 2012, confirmed to the IAML annual conference in Singapore that Japan will not be signing the Hague child abduction Convention in the near future, at least a year as a minimum.

Full article: Family Law

Finance and Divorce September Update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse July’s financial remedies and divorce news and cases.

Full article: Family Law Week

Delays in the family justice system

How often has it been said that delay is the cancer which eats away at our system of justice?

Full article: Law Society Gazette

Children: Private Law Update (September 2012)

Alex Verdan QC of 4 Paper Buildings considers those judgments of the last few months which are of most importance in the area of private law children proceedings.

Full article: Family Law Week

International Children Law Update: August 2012

Jacqueline Renton of 4 Paper Buildings, reviews the latest key decisions in international children law.

Full article: Family Law Week