fault

Fault in divorce – time to leave it behind?

The Nuffield Foundation has produced its latest study, reflecting on fault and divorce law in England and Wales. The report builds on the interim results from early this year that we reported on. The aim of the research project was to explore how the current law regarding divorce and civil partnership dissolution operates in practice and to inform debate about whether …

Sears Tooth

Sears Tooth Agreements funding costs

The Family Procedure Rules 2010 (FPR 2010) detail the rules by which matrimonial proceedings should be conducted. The FPR 2010 sets out the overriding objective in Part 1, in essence the principle pervading all litigation. This principle includes, inter alia, ensuring that the parties conduct litigation “…on an equal footing.” With the demise of public funding and the clear difficulties …

Matrimonial Home Rights Notice

The Family Law Act 1996 provides rights relating to former family home owned by one spouse that may impact on the occupation of the property by the non-owning spouse. Under the Act, if a non-owning spouse is in occupation of the property, they have a right not to be evicted by the owner spouse without a court order. Alternatively, if the …

mediation

Mediation – will it ever become popular?

The thorny issue of mediation, and alternative forms of dispute resolution (ADR) was raised again this month by the Civil Justice Council, in their working group interim report.  The CJC is an advisory body, established under the Civil Procedure Act 1997, with responsibility for overseeing and co-coordinating the modernisation of the civil justice system. The CJC meet at least three times …

drugs

Hair strand test analysis – is it reliable?

In the recent case of H (A Child: Hair Strand Testing) [2017] EWFC 64, Mr Justice Peter Jackson upheld the existing practices of providers of hair strand tests for cocaine, but has moved to offer suggestions as to how their reports might be written in the future, in order to assist the family courts and parties in proceedings. In this case, …

children

Children and their right to be heard

Growing calls are mounting for a considered review of the court’s approach to children in family law cases and in particular, the rights of children to provide their thoughts, wishes and feelings directly to the judge presiding over a case affecting them. Of course, many children find themselves torn between two parents in bitter dispute and the courts and CAFCASS …