News & Comment
Court of Appeal clarifies law on internal relocation
The Court of Appeal in the case of ‘Re C (Internal Relocation) [2015] EWCA CIv 1305’ has recently clarified the law and principles in relation to internal relocation where one parent wishes to relocate within the UK with their child.
Should financial proceedings be heard in open court?
Many clients are understandably aghast at the prospect that the details of their personal finances could be heard in open court.
A step closer to “no-fault” divorce?
There is a common misconception that parties can separate and divorce on the basis of “irreconcilable differences” which, unfortunately, is untrue under the current law of England and Wales.
Interim order for sale of Family Home
In many divorces, it is very difficult for one party to afford to retain the family home and still provide a fair outcome for the spouse that has/will move out.
Non-Disclosure: Don’t run the risk!
We previously commented (see previous article) on Varsha Gohil’s and Alison Sharland’s non-disclosure applications to the Supreme Court.
Ten Minute Motion on no fault divorce in House of Commons
On 13 October 2015 a Ten Minute Motion on the case for introducing no fault divorce will be debated in the House of Commons.
Leave to remove cases and the paramountcy of the welfare principle
It is a criminal offence to remove a child from the jurisdiction of England and Wales without the written consent of every person who has parental responsibility for a child.
Major changes to the tax system could impact divorce settlements for wealthy individuals
The 2015 Summer Budget brought substantial changes to the taxation of non-UK domiciled individuals.
Resolution Conference
Four members of the team attended the annual Resolution conference in the Spring of 2015, this year in Brighton.
Business Valuations in the context of divorce
In some financial remedy cases where we act for a party who owns a business, we often consider involving an accountant during the financial remedy process.
Non-Disclosure: Is it Worth the Risk?
Varsha Gohil’s and Alison Sharland’s applications to the Supreme Court (in the cases of Gohil v Gohil and Sharland v Sharland) have been attracting significant media attention recently.
Developments in the way the Courts deal with Divorce and Financial Remedy Applications
New divorce are centres being rolled out across the country by Her Majesty’s Courts and Tribunals Service with the aim of improving efficiency and timescales for the Court processing applications.
What is ‘add back’ and when does it apply? – MAP v MFP [2015]
“Add back” is when a court nominally adds back into the pot the amount by which one party has reduced the assets.
New changes to pension rules – a note of caution
Much has been said in the press about the changes to the pension rules that have come into effect as of 6 April 2015.
Is there no limitation period in divorce?
Many couples who had been divorced would probably feel rather miffed if their ex-spouse having failed to make a financial claim at the time of their divorce then came back several years later to claim a financial settlement.
Wives discouraged from trying to benchmark their long term maintenance claims by making interim applications
A recent decision of Mr Justice Moylan (in the case of BD v FD [2014] EWHC 4443(FAM)) sets out some important guidance for family lawyers advising (usually) wives who find themselves, during the course of proceedings, having to make ends meet on much less money than they had access to during the marriage.
When is a term order appropriate?
Under the Matrimonial Causes Act 1973, the court has the power to make an order that one party pays the other maintenance on divorce.
Stamping on unfair tax?
Yesterday saw the Chancellor, George Osborne deliver his autumn statement.
Introduction of presumption of parental involvement in a child’s life
On 22 October 2014, section 11 of the Children and Families Act 2014 (CFA 2014) came into force and amended section 1 of the Children Act 1989 (CA 1989) to provide that in specified circumstances, unless the contrary is shown, the court can presume that parental involvement in a child’s life will further the child’s welfare.