Domicile in a post-Victoria era

Two cases reported at the start of this year, Ray v Sekhri [2014] EWCA Civ 119 and Divall v Divall [2014] EWHC 95 (Fam), [2014] 2 FLR (forthcoming) illustrate the scope for reform of the law relating to domicile.

Full article: Family Law

EU external competency goes to European Court on 1 April, and it’s no joke!

On Tuesday, 1 April 2014, a date rich with irony, the European Court of Justice is hearing claims brought by several EU Governments against the EU asserting that the EU has, in terms, wrongly exceeded its powers by claiming sole competency to enter into bilateral and multilateral arrangements with non-EU countries in respect of family law matters.

Full article: Family Law

Habitual Residence - Habitual Problems

Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.

Full article: Family Law Week

Care Proceedings: The European Dimension

Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.

Full article: Family Law Week

Cheshire West – scoring criteria

In my previous article, I summarised the key points of the decision, and gave some initial comments. I want to return today to consider some further points in the judgments of the Supreme Court Justices, together with some more observations upon where we go from here.

Full article: Family Law

Cheshire West: the Supreme Court’s right hook

After a wait that - if one was being impertinent - might seem doubtfully compliant with the requirement of speed in Art 5(4) ECHR, the Supreme Court has now handed down its judgment in the conjoined cases of Cheshire West and P and Q.

Full article: Family Law

Has forum shopping had its day?

London is regularly referred to as the ‘divorce capital of the world', principally because the law in England and Wales is felt to favour the economically weaker spouse.

Full article: Family Law

Prenuptial agreements and Radmacher

In recent weeks the legal world has been talking about the Law Commission’s report Matrimonial Property, Needs and Agreement, which includes a draft bill that would make prenuptial agreements binding. What would be the implications for the legal market and practitioners of these proposals were they to become law?

Full article: Law Society Gazette

Children and Families Act 2014: what private law reforms survived?

The Children and Families Bill received Royal Assent on 13 March. James Finch of 29 Bedford Row looks at what reforms got through the lengthy Parliamentary process.

Full article: Family Law Hub

Update: Joint Ownership of Property - A Round–Up of the Major Decisions in the Wake of Jones v. Kernott

The following is a brief summary of the major reported cases that have followed in the wake of Jones v. Kernott.

Full article: No5 Chambers

Family Law Week’s Budget Briefing 2014

Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to family lawyers.

Full article: Family Law Week

The Children and Families Act 2014 – Private Law Proceedings: what practitioners need to know

Anna Heenan, solicitor with Gregg Latchams LLP in Bristol, examines the new statutory provisions in respect of MIAMs, continued parental involvement and child arrangement orders.

Full article: Family Law Week

Funding Family Proceedings and Legal Services Orders

Tony Ward, Family Law barrister with 3PB analyses the latest case law relating to Legal Services Orders under s.22ZA MCA 1973.

Full article: Family Law Week

View from the foot of the Tower: Renewals of section 38 orders

The Children and Families Act 2014 removes from the Children Act 1989 the old prohibition on an Interim Care Order or Interim Supervision Order being made for longer than 28 days (or a combination of the first two such orders adding up to 12 weeks). In this article, I will briefly set out the new provisions, but then more importantly consider what this means in practice.

Full article: Family Law

Fact-finding and probability: the importance of asking the right questions

"This decision [Re D] in a fact-finding hearing relating to children merits note here because of the helpful summary of the relevant legal principles, which are - we suggest - directly applicable to fact-finding hearings in proceedings in the CoP where it is alleged that a third party has caused harm to P."

Full article: Family Law

Worldwide qualifying conditions for marital agreements

One of the good recommendations from the recent English Law Commission report into marital agreements was that foreign marital agreements should be given equal weight and binding status under English law if they accorded with the same minimum qualifying conditions as required for English marital agreements.

Full article: Family Law

Same Sex Marriage – essential update

This is the first of a series of articles designed to help family lawyers get up to speed with the reforms and other legislation by summarising the changes to the law and how they will affect day-to-day practice.

Full article: Family Law

Child Support – What Is Going On?

Jody Atkinson TEP, barrister at St John's Chambers, Bristol, considers the ongoing changes to the Child Support Act system.

Full article: Family Law Week

From "Shaken Baby Syndrome" to "Non-Accidental Head Injury" – The Continuing Research and the Law

David Bedingfield of 4 Paper Buildings charts the recent history of scientific research into serious non-accidental head injuries suffered by babies and the response of the family and criminal courts in England and Wales.

Full article: Family Law Week

Ilott v Mitson [2014] EWHC 542 - Appeal with caution

‘On 3 March 2014 Mrs Justice Parker handed down judgment in the appeal on the issue of quantum in the case of Ilott v Mitson [2014] EWHC 542 (Fam). The case concerned an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).’

Full article: Zenith Chambers (PDF)

Reporting Restrictions and the New Transparency - Part 3

In the final part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers in detail the President's recent guidance on transparency in the family courts.

Full article: Family Law Week

Finance and Divorce March 2014 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in February.

Full article: Family Law Week

Law Commission proposals and international families

The proposals by the Law Commission are now a week old and a better opportunity can now be taken to consider their wider impact. How do they affect international families?

Full article: Family Law

View from the foot of the Tower: Just the facts, ma’am

The High Court has ruled, in the case of Re NL (Appeal: Interim Care Report: Facts and Reasons) [2014] EWHC 270 (Fam), [2014] 2 FLR (forthcoming) that the practice of parties (sometimes all of them, sometimes the Local Authority) drafting Facts and Reasons for the Magistrates in family cases for agreed orders or 'not opposed but not consented to orders' must stop.

Full article: Family Law

Family lawyers need to start adjusting to forthcoming changes

A single family court and a faster adoption process are only some of the far-reaching changes due to take place in the coming months, says Julia Thackray.

Full article: Solicitors Journal

President’s Address to the FLBA Dinner 28 February 2014

Address by the President, Sir James Munby, at the Annual Dinner of the Family Law Bar Association in Middle Temple Hall on Friday 28 February 2014.

Full speech: FLBA

Reporting Restrictions and the New Transparency - Part 2

In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.

Full article: Family Law Week

Cafcass: The rule of three - changes to the family courts

In late April 2014, three simultaneous changes to the way family courts in England and Wales operate will be launched.

Full article: Family Law

The Termination of Parental Responsibility: Awaiting the Court of Appeal's Judgment in the Appeal of CW v SG [2013] EWHC 854 (Fam)

Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal's judgment in the appeal from CW v SG.

Full article: Family Law Week

Fraudulent non-disclosure: the latest Chapter

Sarah Foreman, a solicitor at Vardags, analyses the Court of Appeal judgment in Sharland v. Sharland.

Full article: Family Law Week