Sham Trusts and the Grand National

Mark Warwick QC of Selborne Chambers explains the hurdles that need to be cleared in order to establish that a trust is a sham in the light of the judgment in ND v SD and Others (2017) EWHC 1507 (Fam).

Full article: Family Law Week

Drawing the Line: case management and allegations of judicial bias in the family courts

Jennifer Youngs and Vondez Phipps, pupil barristers at 42 Bedford Row, summarise the circumstances in which judicial conduct at a case management hearing might form the basis of an application for recusal, and provide guidance to practitioners as to the manner in which such an application might be made.

Full article: Family Law Week

Brexit and divorce – what next for families?

The triggering of Article 50 of the Treaty of European Union on 29 March 2017 began the process of the UK’s withdrawal from the EU, and this week the negotiations commence.

Full article: Family Law

Surrogacy Law / HFEA Update (June 2017)

Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy judgments and the latest cases concerning administrative errors relating to consent forms and the HFEA.

Full article: Family Law Week

Post-separation accrual

As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.

Full article: Law Society Gazette

When can a legal representative be summoned as a witness to give evidence against their client in a financial remedies case?

Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the circumstances in which legal professional privilege may not apply in financial remedies cases.

Full article: Family Law Week

Court makes best interests ruling on man’s adherence to Islamic practices

Legal experts from Irwin Mitchell consider the implications of a recent Court of Protection case.

Full article: Community Care

Finance and Divorce Update, June 2017

Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.

Full article: Family Law Week

FHDRAs: what should and shouldn’t happen

Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.

Full article: Family Law Week

Ditch the ‘soulless initials’ and give children a voice

Judges hold the key to unlocking the potential of children in the family justice system, writes Matthew Rogers.

Full article: Solicitors Journal

What counts as success in FDAC cases?

This sixth blog from the Family Drug and Alcohol Court National Unit is from one of the newer FDAC sites. It describes the work of the team and some of the ways in which they measure their success in meeting the needs of children and families.

Full article: Family Law

When breaking up is hard to do: the case for divorce law reform

George Bernard Shaw is reputed to have said ‘Marriage is an alliance entered into by a man who can’t sleep with the window open and a woman who can’t sleep with the window shut’. For some spouses, such issues are part and parcel of a normal marriage but for those who have been married a long time, there can be any number of reasons why a husband or wife may decide that they no longer wish to be together.

Full article: Family Law

Innovative new international family law arbitration scheme announced

Today (2 June 2017) at the AFCC Annual Conference in Boston, USA, Prof. Patrick Parkinson and David Hodson, two of the world’s leading international family lawyers, have announced an innovative new scheme to help international families.

Full story: Family Law

Context counts for a lot – determining the beneficial ownership of properties in unmarried couple disputes

The Privy Council's judgment on 25 May 2017 in Marr v Collie (Bahamas) [2017] UKPC 17 stresses the importance of a proper examination of the actual intentions of the parties when determining the beneficial ownership of investment properties in the joint legal ownership of an unmarried couple.

Full article: Family Law

Changing the locks on the family home following separation

Can I lock my spouse out of the house? This is a common question often raised by clients in the initial stages of separation. It is important for clients to understand what they can and can’t do before they decide to take steps that they may later regret.

Full article: Family Law

Parental Disputes, Religious Differences and the Welfare of the Children

Alex Verdan QC, Sam King and Ruth Kirby, all of 4 Paper Buildings, consider recent judgments in cases involving parental disputes resulting from one parent deciding to depart life in an Hassidic community.

Full article: Family Law Week