Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest

Alison Burge of Pump Court Chambers analyses the Court of Appeal's decision in the watershed case of Petrodel v Prest.

Full article: Family Law Week

Cohabitation Update

“The purpose of this seminar is to consider the law on constructive trusts following Jones v. Kernott and recent developments regarding cohabiting couples.”

Full article: Zenith Chambers (PDF)

Petrodel Resources Ltd and Others v Prest and Others

It is not open to Family Division judges, in proceedings for financial provision, to make an order against company-held property unless there exists on the facts of the case relevant impropriety justifying the piercing of the corporate veil.

Full article: Family Law

Quantification of financial provision under Part III

Judgment has been published this week, although handed down 9 May 2012, in the case of Z v A [2012] EWHC 1434 (Fam), an important High Court decision of Coleridge J about quantification of financial provision under Part III MFPA 1984, financial remedies after a foreign divorce.

Full article: Family Law

“Does it matter what I think”? A comparison of the consideration of children’s views in Hague Convention cases and Children Act 1989 proceedings

Radhika Handa of Coram Chambers compares the court's consideration of children's wishes in Hague Convention and Children Act cases, in both private and public law.

Full article: Family Law Week

Looked-after children: Care should be in the community

Living close to home can offer 'looked-after' children much‑needed stability, so why do so many councils struggle to make local placements?

Full article: The Guardian

Clare's Law: Do you know your partner's past?

A survey of 189 people currently living in refuges across England and Wales found that 75pc said they would have left their relationship had they discovered their partner’s violent history.

Full article: The Telegraph

No Direction Home? Financial Remedies and the Medium Asset case

Alexander Chandler of 1 Garden Court examines the principles the courts will apply in medium asset cases and offers practical guidance to those faced with the challenge of “stretching” limited assets.

Full article: Family Law Week

New threat to child maintenance for the women who already live in fear

The Child Support Agency is to be replaced by the Child Maintenance Service – which will charge those using its services.

Full article: The Observer

Ben Butler's case reminds us the justice system is not infallible

Emma Sherrington, who represented Ben Butler in London Borough of Sutton v Gray & Ors, discusses the case.

Full article: The Guardian

Enhancing the Role of Grandparents in the Current Legal Landscape

Julie Stather of 42 Bedford Row suggests some ways to benefit children by strengthening the position of grandparents.

Full article: Family Law Week

The High Sheriff of Oxfordshire’s Annual Law Lecture Given by Lord Wilson on 9 October 2012

Out of his shadow: The long struggle of wives under English Law.

Full speech: Supreme Court (PDF)

Common Sense Prevails

The recent, anonymised judgment in A v A [2012] has come as a welcome relief to divorcing spouses, and to professionals involved in financial remedy proceedings. Individuals' private financial affairs revealed under compulsion through the courts can now ordinarily expect to remain confidential.

Full article: Family Law

Finance & Divorce October 2012 Update

Anna Heenan and Nicola Rowlings, both of Mills & Reeve LLP, analyse September’s financial remedies and divorce news and cases.

Full article: Family Law Week

A Life in the UK Care System - Should the process be quicker?

Whilst I appreciate that children need decisions made as to their long term care arrangements as quickly as possible, that has to be balanced with their right to enjoy a family life with their biological family.

Full article: Family Law

Equal civil marriage - death or disappearance of spouse overseas

A particular problem to be considered in drafting equal civil marriage legislation is the fact that whatever arrangements are made for the UK, same-sex marriages performed here will not be recognised in most countries of the world.

Full article: Law Society Gazette

Defining violence needs government commitment

"Positive developments must be met by a commitment from the government to support victims of domestic violence who come forward", says Baroness Scotland QC.

Full article: Law Society Gazette

Lord McNally’s speech to the Birmingham Law Society Family Conference 2012

Lord McNally’s speech to the Birmingham Law Society Family Conference 2012.

Full article: Ministry of Justice