contribution

Special contribution and “geniuses”

Hunter & Uro partner, Philip Hunter, has recently authored an article on the topical issue of special contribution to the welfare of the family and the notion of “genius”in enabling the court to deviate from its presumption of equality in matrimonial finances proceedings. The article was published by the Solicitors Journal and can be found here. There have been a …

international

International divorce petitions

In an ever shrinking world with a greater number of international relationships, there is inevitably a greater number on international divorces. The rules governing service in family proceedings are contained in Part 6 of the Family Procedure Rules 2010 (FPR 2010)and the supporting practice directions (FPR 2010 and PD6). The rules about the service of application forms, notices and other documents …

Proportionality in proceedings

In the midst of litigation, it can sometimes be difficult for parties to retain a focus on the central strategy and objectives, as satellite issues are brought up distracting time, money and resources from the primary, central themes and points in dispute. In an effort to minimise the potential for this occurring, the court encourage parties to conduct the litigation …

family assistance

Family Assistance Orders – the underused tool to help children?

As of October 2014, there exists a statutory presumption that parental involvement in a child’s life, following family breakdown, is in the best interests of a child. In assessing contact and living arrangements for children, the court balances the need for children to have a relationship with the primary and secondary carer in an application for a Child Arrangements Orders (CAO). …

what is the point in marriage image

What is the point in marriage?

Marriage rates continue to fall and more couples opt to cohabit than ever. Which begs the question; what is the point in marriage? Can the “No-Nup” and Family Justice Bill spell an end to traditional marriages in the UK? Calls made to offer unmarried couples more legal protection There have been calls recently to give unmarried couples the same kind …

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Minimising the cost of divorce

As of 2016, 44% of UK marriages end in separation. At a time of high-stress, both personally and financially, how can you make a divorce less costly? Here our team of London family solicitors discuss how minimising the cost of divorce is possible. Time is money – act fast As the old saying goes, time is money – and when …

protecting your children when divorcing aboard image

Protecting your children when divorcing abroad

When living in another country, you come to terms with the idea that its laws will apply to your everyday life. Protecting your children when divorcing abroad is vitally important. Many couples have their introduction to this by purchasing a property abroad, and having to abide by completely different sets of rules to their home country. The same goes for divorce: …

section-28-1a-bar

Varying periodical payments and the section 28(1A) bar

When making spousal maintenance orders, the court is under an obligation to consider whether the payments should be made only while the payee adjusts, without undue hardship, to the termination of their financial dependence on the payer under section 25A(2), Matrimonial Causes Act 1973. Periodical payment orders, also known as spousal maintenance,  often commence from the date of a financial remedy order, although …

forum

Forum shopping for divorce

Any family law proceedings involving an international element must first consider the legal forum in which it is best to progress a client’s case. When considering this, divorce proceedings cannot be considered in isolation. Ordinarily, little objection is raised to the location of a prospective divorce court, providing the divorce is internationally recognised. However, the forum selected for financial remedy proceedings …

effect

The effect of divorce and separation on women

The Chartered Insurance Institute has provided an interim report on the risk, exposure and resilience to risk for women in Britain today. The interim report is a wide ranging document that addresses risks to women’s education, work, family life and health and includes a detailed analysis on the risks posed to women from and effect of divorce and separation. The …