Why choose a member of Resolution

Resolution is an organisation of solicitors, barristers and other professionals in England and Wales who actively encourage a non-confrontational approach in family law matters. Core members have a significant say in the general family justice system as well as the legal aid system. There is a clear code of practice which all members must follow and breaches of the code could …

Former Pirelli model argues lifestyle in divorce

Former Pirelli calendar model, Christina Estrada, seeks a lump sum of almost £200 million arguing that her lifestyle during the marriage should be maintained. Mrs Estrada and her ex-husband, Saudi billionaire Walid Juffali have been embroiled in bitter divorce proceedings since 2014. The supermodel ended her marriage when she discovered that her husband had secretly married a 22 year old woman just days …

parental responsibility

How does parental responsibility affect you and your children?

The Children Act 1989 introduced the concept of parental responsibility (PR), to focus the move away from parental rights over a child to responsibility for a child. The Act defines parental responsibility as “…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.” In practice, this …

Tax on divorcing couples: the divorce petition fee

As part of the government changes to court fees earlier this year, the divorce petition fee rose from £410 to £550. All divorce petitions submitted after 21 March 2016 were subject to this enhanced fee. The fee increase did not come completely out of the blue, many commentators had been expecting a modest increase for some time. Despite the government’s suggestion of …

BREXIT – what this now means for family law

The Brexit vote has been cast and a decision made. The EU referendum results confirm that Britain will be leaving the EU. In addition to the changes we will face from an economic perspective, significant changes in law also loom ahead. This blog deals solely with family law and the changes this area of law will now face. Our law …

Remarriage? Consider making a Pre-Nup

Pre-nuptial agreements are legal agreements made between two people before their marriage has taken place. This document sets out how the couple wish their assets (and debts) to be divided between them should they separate or divorce. These agreements can also deal with income, including current earnings and future earnings.  If there are already children of the family, pre-nups can deal …

pensions

Pensions and their value in matrimonial assets

Pensions are often a great worry for a client when they separate. Designed to provide some security for their future, pensions generate a great deal of concern for clients at the very point that a client’s future security can appear to be uncertain. In many cases, a client’s pension will be one of their most valuable assets and something they are …

The millionaire’s defence in finance cases

The “millionaire’s defence” is a term created following the case of Thyssen-Bornemisza v Thyssen-Bornemisza (No) [1985] FLR 1069 where a wealthy party put forward a defence to providing full disclosure on the basis that he had sufficient wealth to pay a lump sum or maintenance to the financially dependant party. This defence causes some controversy as the court has an obligation to consider …

Footballers – money, skill and divorce.

With the European Championships well under way in France, we are once again reminded that there are those amongst us that are paid vast sums of money for applying their supreme skill and unique abilities. The money amassed by the stellar weekly wages of these sporting superstars is often considered forensically by the court, when considering finances and divorce proceedings. Following the landmark White [2000] …

Converting a civil partnership to a marriage

Same sex couples have been able to have their relationship solidified in law under the Civil Partnership Act 2004. The Marriage (Same Sex Couples) Act 2013 came into force on 13 March 2014 marking an important and long-awaited change to the legislation for same sex couples. The Act gave same sex couples in England and Wales, the right to marry …