Mediation Matters: Divorcing and separating – information, signposting and legal aid

Last week’s new MOJ / LAA legal aid and mediation data heralded repeated ‘bring back legal aid’ choruses from some quarters.

Full article: Family Law

Financial remedy applications

The introduction of the family court was the most significant development in family law for many years. However, the change did not fundamentally affect the conduct of financial remedy applications, although there have been various procedural developments since the start of the year. This article summarises some of the most significant.

Full article: Law Society Gazette

Capacity to enter into compromise agreements – MAP v RAP [2013] EWHC 4784 (Fam)

The wife sought permission out of time to appeal a consent order. The primary basis of appeal was that the wife did not have mental capacity to enter into the compromise agreement due to her having bipolar effective disorder.

Full article: Family Law

Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored

In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.

Full article: Zenith Chambers (PDF)

Children: Private Law Update (September 2014 )

Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President's judgment on legal aid funding in Q v Q.

Full article: Family Law Week

A Proposed Draft Final TOLATA Order

Here follows a suggested draft for a basic final TOLATA order concerning a property subject to a mortgage in the style of the Family Standard Orders, with the occasional marginal note.

Full article: Family Law

Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16

This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.

Full article: No5 Chambers

Care Proceedings and the European Dimension: Article 15 Transfers

Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.

Full article: Family Law Week

View from the Foot of the Tower: Stemming the tide

There have been some very complex and ethically difficult cases arising from artificial insemination and disputes afterwards in the last 2 years. A development in science might lead to some even more difficult legal issues.

Full article: Family Law

Scottish families and family law

What if Scotland decides on 18th September to vote for independence? No one will decide on family law reasons. But what might be some family law implications for the Union and for Anglo Scottish families of which there are very many?

Full article: Family Law

A custodial sentence for divorce is slow progress

Marilyn Stowe remains sceptical over proposals to strengthen the law on domestic abuse.

Full article: Solicitors Journal

Domestic Violence Update – the latest developments practitioners need to know about

Mandip Ghai, solicitor and legal officer, with Rights of Women, updates practitioners on developments in the prevention of domestic violence.

Full article: Family Law Week

Maintaining jurisdiction

Once divorce proceedings have been issued in England solicitors might mistakenly sit back and assume they have secured jurisdiction and 'won' the jurisdiction race under Brussels II Revised.

Full article: Family Law

Finance & Divorce Update September 2014

Jessica Craigs, senior solicitor and Amy Starnes solicitor, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published by Family Law Week in August.

Full article: Family Law Week

Surrogacy Law Update (September 2014)

In this inaugural surrogacy update, Andrew Powell, barrister, of 4 Paper Buildings reviews recent judgments in the High Court.

Full article: Family Law Week

The President’s judgment in Q v Q, Re B (A Child) and Re C (A Child) [2014] EWFC 31 – thinking through the implications

Notwithstanding the scrutiny by Parliament of the provisions of LASPO 2012 (including s 10 – exceptional funding) there are private law cases of real difficulty and complexity that require legal expertise to navigate fairly and effectively.

Full article: Family Law

Early Neutral Evaluations in private law children disputes: the way forward?

This article looks at the use of Early Neutral Evaluations (ENEs) in private law children disputes following, what is understood to be, the first ENE in a children case on 11 July 2014.

Full article: Family Law