abuse

Changes to Domestic Violence and Abuse in Family Cases

From the 2 October 2017, a key Practice Direction that applies to all family proceedings in the Family Court and the High Court has been significantly reviewed and amended. The changes to Practice Direction 12J will have a considerable impact on family proceedings, particularly in cases involving children. Within this Practice Direction, the definition of ‘domestic abuse’ has been substantially …

justice

Ministry of Justice stats and the worrying rise in the number of Litigants in Person

The Ministry of Justice’s latest family court statistics have illustrated that in 36% of cases, divorcing couples go to court without legal representation in matters concerning their children or matrimonial finances. The family court statistics from the Ministry of Justice, covering April to June 2017, were published yesterday and show a continuing rise in the number of private law applications before …

misconduct

Departure from equality and misconduct

In deciding what order to make in relation to financial settlement, the court has to consider the factors set out in section 25 of the Matrimonial Causes Act 1973. In the recently reported case of LFL v LSL [2017], the court was asked whether an order should be made in respect of the division of the matrimonial assets and whether the …

The rise in nuptial agreements

Hunter and Uro partner, Philip Hunter, recently authored the following article on the rise of nuptial agreements for Family Law – market leader in family law, combining a  portfolio of leading family law titles in print and online solutions.   Although in common parlance and phraseology, a “pre-nup” was treated with some trepidation by lawyers prior the leading 2010 case of …

child

Child maintenance developments in the future

Child maintenance continues to be one of the largest thorns in the side of the family justice system, despite minor tinkering and major changes over the past 20 years. The system is plagued by issues over historical debt, enforcement and structural inefficiencies. In the face of austerity measures, the CMS now operates a scheme available to those willing to pay …

Time to make changes to the enforcement of Child Arrangement Orders?

In addressing the Australian Bar Association earlier this month, the president of the Supreme Court, Lord Neuberger, criticised the current legal aid system and its failure to provide access to justice. These sentiments were echoed in the Law Society’s “LASPO: 4 Years On” report, also published this month. There are few areas, if any, where this inability to secure legal …