the hague convention

Hague Convention

The Hague Convention is a piece of legislation entered into by a number of countries (known as ‘contracting states’) to protect children internationally from wrongful removal or retention and to establish procedures to ensure their safe return to their country of habitual residence. There are a number of principles behind the Hague Convention: Upon attaining the age of 16 years …

fault divorce

Fault in divorce – Resolution Lobby Day 2016

On 30 November, Philip Hunter and Pui Uro joined a 150 strong cohort of family law specialists, at Parliament to meet their local MPs, as part of Resolution’s continuing lobbying attempts to encourage the Government to allow no-fault divorce. The law governing divorce is the Matrimonial Causes Act 1973 and since it was assented, the way in which families now operate has …

blue credit card financial needs

Financial Needs

In June 2016 the Family Justice Council published its ‘Guidance on Financial Needs on Divorce‘ which follows on from the Law Commission’s 2014 report on matrimonial property, needs and agreements. The publication deals primarily with two principles  – what are needs and what level should they be met and also the duration  of any spousal maintenance for the receiving party to …

Business valuations in financial remedy proceedings

This blog details the factors that indicate whether a business should be valued in financial remedy proceedings and highlights cases in which a valuation may be unhelpful, where the principal value of the company is as an income stream or if there is a range of opinion about the value or where the value may be theoretical. The most common types of …

Transparency in the Family Courts

Despite issuing a consultation paper over two years ago, Transparency – The Next Steps, inviting views on how the practice guidance on publication of judgments is working, whether certain documents should be disclosed to the media and whether family cases should be heard in public, there has been no formal information about the next steps to be taken to achieve …

Parents family soft loans

Soft Loans in Divorce

Soft loans are loans from a third party, usually a family member, made on very lenient terms to assist a party. Young adults have been coined the ‘generation rent’ as they struggle to buy their first house. Earnings for young adults are at an all time low whereas property prices continue to rise to unaffordable rates. A recent study by …

Court orders to assist with your legal costs

Before 1 April 2013, in proceedings for divorce, maintenance pending suit for legal costs was governed by a progressive history of case law, dating back to the turn of the millennium. Following the changes to funding brought about by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the rules were codified into statute in sections 22ZA and 22ZB of …

Varying a Child Arrangements Order

Child arrangements orders are made with the intention of “standing the test of time”, but frequently a new family dynamic or change in relationships can alter the requirements of the order, or perhaps the need for an order altogether. The court generally proceeds on the premise that a younger child will fall in line with parents’ rules and/or court orders, …

Maintenance pending suit

Maintenance pending suit is also known and interim maintenance or interim periodical payments and reflects financial support paid by one spouse to the other. The application for maintenance is made after divorce proceedings have started and any allocated payments will continue to be made until the divorce is finalised, following the conclusion of financial remedy proceedings. Parties will frequently consider an application …