Family law: offsetting pensions

The decision of HHJ Lord Meston QC in WS v WS [2015] EWHC 3941 (Fam) provides a considered overview of offsetting pensions in financial remedy orders.

Full article: Law Society Gazette

All in a good 'show cause'

Sir Peter Singer comments on the recent case of DB v DLJ [2016] EWHC 324 (Fam), the only known financial arbitration 'show cause' contest to be decided in the family courts.

Full article: Family Law Hub

The President’s Address at the Annual Dinner of the Family Law Bar Association 26 February 2016

Sir James Munby, President of the Family Division, Middle Temple Hall, 26 February 2016.

Full speech: Family Law

What is it like to arbitrate?

Alexander Chandler, barrister, 1 King’s Bench Walk, offers insights into the arbitration process.

Full article: Family Law Week

Challenging an arbitral award: DB v DLJ [2016] EWHC 324 (Fam)

One of the reservations that has been expressed about family law arbitration is not knowing if the arbitral award will be binding.

Full article: Family Law

Children: Public Law Update (February 2016)

John Tughan QC of 4 Paper Buildings analyses recent significant judgments in public children law.

Full article: Family Law Week

Pension offsetting: a question for the Family Court, or for an actuary?

In ancillary relief litigation, whose responsibility is it to quantify the value of future pension benefits and their non-pension substitutes if offsetting is being considered? What method should be applied to any comparison of pension and non-pension assets?

Full article: Tanfield Chambers

A very legal playground: Re B (A Child) (Habitual Residence: Inherent Jurisdiction) and the habitual residence seesaw

On 3 February 2016, the Supreme Court gave judgment in Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] UKSC 4.

Full article: Family Law

Time-limit on application for domestic violence legal aid invalid

David Burrows analyses Rights of Women v The Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91.

Full article: Family Law

Evidence of child witness

Challenging the evidence of an unwilling child witness.

Full article: Family Law

An Inconvenient Truth: The Danger of Using Undertakings in International Cases

Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.

Full article: Family Law Week

The rising demand of care applications

As the number of care cases continues to increase, Kevin Gibbs looks at the possible reasons and considers how the wider family justice system can respond.

Full article: Solicitors Journal

Abduction and the court’s powers to determine habitual residence

Re B in the Supreme Court highlights the complications that arise when abduction is to a foreign jurisdiction, and where same-sex couples are concerned, writes Hetty Gleave.

Full article: Solicitors Journal

Finance and Divorce Update, February 2016

Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2016.

Full article: Family Law Week

In the Matter of B (A Child): Habitual Residence and the Child-Centric Approach to Jurisdiction

Richard Harrison QC, Madeleine Reardon and Jennifer Perrins, all of 1 King's Bench Walk, and Simon Bruce, Partner, of Farrer & Co, analyse the judgment in B (A Child) [2016] UKSC 4 and the key issues: (i) loss of habitual residence; (ii) the relevance of parental status in cases involving same-sex couples; and (iii) the parens patriae jurisdiction.

Full article: Family Law Week

Pension offsetting: a question for the Family Court, or for an actuary?

In ancillary relief litigation, whose responsibility is it to quantify the value of future pension benefits and their non-pension substitutes if offsetting is being considered? What method should be applied to any comparison of pension and non-pension assets?

Full article: Family Law

No fault divorce - family law in need of modernisation?

"There is ... a feeling that the winds are now changing, and progress may finally be made to bring about much-required modernisation of divorce law in England and Wales."

Full article: Family Law

Burns v Burns – elderly testators, mental impairment and the ‘golden rule’

What if an elderly client, whose state of mental health is uncertain, approaches you and asks you to prepare her will?

Full article: Family Law

A child's habitual residence: Where is it and when can it change?

Hetty Gleave considers recent guidance from the Supreme Court in Re: B, which offers a ray of hope for cases of parental child abduction.

Full article: Solicitors Journal

Internal Relocation: The Law Following Re C (Internal Relocation) [2015] EWCA Civ 1305

Deborah Eaton QC and Stephen Jarmain, barrister, both of 1 King’s Bench Walk, explain the lessons to be learned from the important Court of Appeal judgment on internal relocation in which the authors represented the mother.

Full article: Family Law Week

WS v WS: Pensions experts' review

In the recent case of WS v WS, a judgment was made to offset the value of a defined benefit pension scheme using the Duxbury formula. The decision was made without reference to an expert pension report, the husband's request for one having been refused. How might the input of a pension expert have influenced the decision-making process in this case?

Full article: Family Law