“Behaviour” Petitions on Divorce and Intellectual dishonesty : have you played a good enough game of charades?

Matthew Richardson, barrister, Coram Chambers considers the current state of the law in relation to divorce petitions based on “behaviour” and offers an alternative, approach which he argues is more compatible with 21st century life and rights.

Full article: Family Law Week

The Hague 1970 Divorce Recognition Convention: filling an EU divorce gap?

David Hodson examines this little-known Hague Convention on the international recognition of divorces and legal separations. Might it be the answer to the recommendation by the House of Commons Justice Committee for a system for mutual recognition and enforcement of family court orders?

Full article: Family Law

Children’s Cases where Domestic Abuse is an Issue: Proposed Practice Direction 12J analysed

Marie Crawford, barrister, Becket Chambers, examines the proposed revisions to Practice Direction 12J.

Full article: Family Law Week

Testamentary freedom – Ilott v The Blue Cross and others

Judgment finally lays to rest this extraordinarily long-running litigation saga.

Full article: Law Society Gazette

Rediscovering the Fault-Lines: the impact of Owens v Owens

Ben Fearnley from 29 Bedford Row reviews the recent case of Owens v Owens and what it says about the state of divorce law.

Full article: Family Law Hub

Drafting dilemmas following Owens v Owens

Mena Ruparel takes us through how unreasonable behaviour petitions should be drafted following the recent ruling in Owens v Owens.

Full article: Family Law Hub

Children: Public Law Update (March 2017)

John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.

Full article: Family Law Week

Commentary on the House of Commons Justice Committee Report on implications of Brexit for the justice system

David Hodson analyses and comments upon the Parliamentary reports published this past week on the implications of Brexit for the justice system.

Full article: Family Law

How not to get married' (or what happens when you do not know if you are married / divorced / remarried): K v K [2016] EWHC 3380 (Fam)

Nullity when there is a voidable marriage abroad.

Full article: Family Law

No inherent jurisdiction for local authority to fund wardship proceedings: HB v A Local Authority [2017] EWHC 524 (Fam)

HB v A Local Authority and  Another (Wardship: Costs Funding Order) [2017] EWHC 524 (Fam), MacDonald J operates on three important levels.

Full article: Family Law

Ilott - Upholding Testamentary Freedom

Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.

Full article: Family Law Week

Best interests, available options, and case management before the Court of Protection – the Supreme Court pronounces

In N v ACCG [2017] UKSC 22, the Supreme Court has now pronounced definitively upon what the Court of Protection should do where is a dispute between the providers or funders of health or social services for a person lacking the capacity to make the decision for himself as to what services should be provided to him either between the person’s family or, by analogy, by those acting on behalf of the person.

Full article: Family Law

Maintenance, Needs and Fairness

Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.

Full article: Family Law Week

Changes over the centuries in the financial consequences of divorce

Address to the University of Bristol Law Club by Lord Wilson, 20 March 2017.

Full speech: Supreme Court (PDF)

The stellar contribution claim

Is the ‘stellar contribution’ argument fair and just, asks Julian Hawkhead.

Full article: Solicitors Journal

Blessed are the dependants, for they shall inherit the earth (possibly): Ilott v The Blue Cross and Others [2017] UKSC 17

How easy is it to ensure that the decisions set out in your will as to the destination of your worldly goods are respected and implemented?

Full article: Family Law

Parental Alienation – learning from other jurisdictions and other disciplines

Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.

Full article: Family Law Week

Rules of evidence and procedure after Norman

Though Mrs Norman will not thank anyone for saying this, her two unsuccessful recent applications in the Court of Appeal – Norman v Norman [2017] EWCA Civ 49 (Fam) (‘Norman 1’), Norman v Norman [2017] EWCA Civ 120 (Fam) (‘Norman  2’) – have clarified a modest number of areas of family procedural and evidential law.

Full article: Family Law

The importance of business valuations on divorce

As businesses differ, it is important to ascertain their value with care to ensure a fair division of the family wealth, advises Rakesh Kapila.

Full article: Solicitors Journal

Finance and Divorce Update March 2017

Frances Bailey, Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2017.

Full article: Family Law Week

Refining the power to disinherit: Ilott v The Blue Cross and others [2017] UKSC 17

Max Lewis of 29 Bedford Row summarises the main points of the Supreme Court's judgment.

Full article: Family Law Hub

Civil Partnerships and Marriage: Labels or a state of mind?

David Bedingfield, barrister, 4 Paper Buildings, traces the development of the law relating to marriage and civil partnership up to and including the Court of Appeal’s recent judgment in Steinfeld & Keidan.

Full article: Family Law Week

What the Spring 2017 Budget means for family lawyers

Despite the low key build up to last Wednesday's budget (8 March 2017) amid the political turbulence of Trump and Brexit, there was still plenty for family lawyers to consider as Mr Hammond made his speech.

Full article: Family Law

Mrs Norman and family proceedings law

Though Mrs Norman will not thank anyone for saying this, her two unsuccessful recent applications in the Court of Appeal – Norman v Norman [2017] EWCA Civ 49 (‘Norman 1’) Norman v Norman [2017] EWCA Civ 120 (‘Norman 2’) – have clarified a modest number of areas of family procedural and evidential law.

Full article: Family Law

LiPs: a perfect storm in the divorce courts?

Iqbal v Iqbal provides a salutary example of the consequences that can occur in the absence of legal representation, as Shlomit Glaser & Tim Jones report.

Full article: New Law Journal

How the government’s new child maintenance service leaves domestic abuse survivors out in the cold

For parents who cannot reach a ‘family-based’ child maintenance arrangement, the statutory service is the other option. The government has introduced a fee waiver for survivors of domestic abuse who apply to use this service. But although the reform is welcomed, the way it works still leaves many trapped between a dangerous dilemma: get financial support at the risk of abuse, or avoid abuse and risk financial hardship. Sumi Rabindrakumar and Janet Allbeson explain what the flaws are and how they can be solved.

Full article: LSE

Government has quietly published reports on the impact of child maintenance reforms. Here’s what you need to know

With the public focus on Brexit, developments in other policy areas are going under the radar. But there might be another reason why enough publicity has not been given to DWP research on child maintenance reforms – the unfavourable evidence it reveals. Janet Allbeson explains the findings of two quantitative surveys.

Full article: LSE

Family Law Week’s Budget Briefing: March 2017

Suzanne Cobourne of Creaseys Chartered Accountants and tax advisers explains the Budget changes of most relevance to family lawyers.

Full article: Family Law Week

Female Genital Mutilation: Law and Practice

The below is an extract from Zimran Samuel's forthcoming book, Female Genital Mutilation: Law and Practice, due to be published in late March 2017.

Full article: Family Law

Divorce Jurisdiction after Brexit

An EU law working group, comprising 15 international family law experts, considers the basis on which couples should be able to engage the jurisdiction of the UK courts in order to divorce, following the UK’s departure from the European Union.

Full article: Family Law Week

Trusts arising with respect to a passive joint owner: Wodzicki v Wodzicki [2017] EWCA Civ 95

In Wodzicki v Wodzicki [2017] EWCA Civ 95 the trial judge held that the claimant held the legal title of a property on trust with the respondent having a life interest with any other interest to be determined after an accounting process.

Full article: Family Law

Online reform: digital divorce workshop

At the beginning of this month I was fortunate enough to be invited to the Ministry of Justice for a workshop explaining more about the online divorce project from the Court Service.

Full article: Family Law

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill

Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.

Full article: Family Law Week

You can’t take it with you – or leave it behind: Roberts and Milbour v Fresco [2017] EWHC 283 (Ch)

The personal non-inheritable nature of a spouse’s (and by extension any other category of applicant’s) claims under the Inheritance (Provision for Family and Dependants) Act 1975 has recently been confirmed in Roberts and Milbour v Fresco [2017] EWHC 283 (Ch).

Full article: Family Law

The Eureka Moment of English Creativity from EU Law: English pension sharing after a foreign financial settlement

David Hodson OBE, partner with The International Family Law Group, shares the Eureka moment when English common law creativity and obscure EU legislation enabled the making of an English pension sharing order in respect of an English pension after a financial settlement on divorce abroad but when there was no longer any ongoing connection with England – apart from the pension.

Full article: Family Law Week

Behind Closed Doors: Diluting the Guardian’s Independence, Circumventing the Role of the Court

Response of the Association of Lawyers for Children to the Cafcass/ADCS joint document: “Agreement about how local authorities and Cafcass can work effectively in a set of care proceedings and pre-court proceedings in the English Family Courts”.

Full article: Family Law Week