Future financial remedy proceedings

The recent decision of the Court of Appeal in the Petrodel Resources Ltd v Prest [2012] EWCA Civ 1395, shocked the family law world. It has left many concerned about the potential effects it may have on future financial remedy proceedings, and some adamant that it has provided moneymakers with an easy way to protect their assets from their former spouses.

Full article: Law Society Gazette

Burial of a Child’s Remains – resolving parental disputes

Maeve O’Rourke, pupil barrister, of 4 Paper Buildings and Gwen Williams, Partner, Goodman Ray offer advice where parents are in dispute over where or how to dispose of their child’s remains.

Full article: Family Law Week

Setting aside

In a special NLJ two-part series Margaret Hatwood discusses the increasing trend of parties asking for consent orders to be set aside.

Full article: New Law Journal

Swimming in the Pool: relevant factors to satisfy the threshold criteria after the Supreme Court's judgment in J (Children)

Ben Boucher-Giles of Fountain Chambers considers the Supreme Court’s judgment in J (Children) and considers how it fits into the wider picture of findings as they relate to threshold.

Full article: Family Law Week

When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children)

Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.

Full article: Family Law Week

Contact, appeals and death by kindness

In Re H (A Child) [2013] EWCA Civ 72 three senior judges in the Court of Appeal handed down a reserved judgement in a case concerning an 8 year old boy who was said by his mother not to want to see his father.

Full article: Family Law

Repatriation of EU family law powers, Part III

David Hodson continues his series examining areas where family law powers taken by the EU could (and should) pass back to the UK and other member states.

Full article: Family Law

DNA—the true test of any relationship?

Neil Sullivan provides an update on recent developments in DNA testing.

Full article: New Law Journal

Children: Private Law Update: February 2013

Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.

Full article: Family Law Week

The Children and Families Bill – what private children lawyers need to know

Piers Pressdee QC, of 29 Bedford Row, examines the private children law provisions of the newly introduced Children and Families Bill.

Full article: Family Law Week

Repatriation of EU family law powers, Part II

David Hodson continues his series examining areas where family law powers taken by the EU could (and should) pass back to the UK and other member states.

Full article: Family Law

Committal for contempt; non-disclosure

Two recent cases point up the pitfalls for judges and advocates alike in the area of civil proceedings committals to prison.

Full article: Family Law

The cost of occupation

Geraldine Morris examines the issues of occupation rent & equitable accounting in cohabitant cases.

Full article: New Law Journal

A new path?

Craig Rose applauds the sensitive approach taken to settle AI v MT.

Full article: New Law Journal

Family Arbitration – two recent High Court cases

Nigel Shepherd of Mills & Reeve reviews two recent judgments in which arbitration has been considered in the family law context.

Full article: Family Law Hub

Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil?

Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.

Full article: Family Law Week

Maintenance pending suit applications

There are few reported cases in respect of maintenance pending suit applications. A recent example, however, was the appeal decision of Coleridge J in S v M [2012] All ER (D) 175 (Nov).

Full article: Law Society Gazette

Marriage equality for same-sex couples is a "no brainer"

"I, like many family lawyers, welcome the House of Commons' approval of same-sex marriage in England and Wales." Says James Stewart.

Full article: Family Law

Cohabitation - better off in Scotland?

It is perhaps one of the most enduring legal "urban myths": that a man and woman who live together for many years, support each, maybe have children together, are viewed in the eyes of the law as being married and so when their relationship ends, they will be entitled to receive a fair share of their home and any other assets.

Full article: Family Law

Issue estoppel in family proceedings

The penetrating judgement of Mostyn J in BP v KP, NI and OI [2012] EWHC 2995 (Fam) indirectly shows up one of the real muddles of family law, namely its attempts to adopt one set of legal principles - especially in terms of procedure - across the family law board.

Full article: Family Law

When a biological father who is not a legal parent can seek contact with his child

The decision of Baker J in Re G and Re Z last week resolved the circumstances in which the father of a child conceived by a lesbian couple in a civil partnership can seek leave to apply for contact.

Full article: Family Law

Repatriation of EU family law powers, Part I

"In this four-part series, I examine areas where family law powers taken by the EU could (and should) pass back to the UK and other member states. Ironically, in three of the areas it does not concern the EU at all but is between member states and non-EU countries."

Full article: Family Law

Finance and Divorce January 2013 Update

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

Full article: Family Law Week

Private Criminal Prosecutions in Financial Remedies Cases

Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.

Full article: Family Law Week

'Unfair' laws for cohabiting couples highlighted again

The recent county court case of Pamela Curran and Brian Collins highlights the difficulties that arise when unmarried couples separate and it should serve as a warning to others in a similar position.

Full article: BBC News

Jurisdiction of same-sex marriages

On Friday the government published its draft legislation for the debate on redefining marriage by introducing same-sex marriage. It is the Marriage (Same-sex Couples) Bill 2013.

Full article: Family Law

Undue Influence in the Family - A 2013 Update

Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.

Full article: Family Law Week