settlement

Court reject claim for financial settlement 27 years after separation

In the recently reported case of  A v B (No 2) [2018], the court concluded that a former husband, who brought an application for financial remedy 26 years after the grant of decree nisi, did not merit any financial provision. The parties had met in 1980 and married in 1983, later having two children in 1986 and 1989.  The marriage broke …

maintenance

Supreme Court’s judgment on varying spousal maintenance.

The Supreme Court is expected to shortly deliver its judgment on the matter of Mills. The case relates to the proper approach to a party’s application to vary periodical payments (spousal maintenance) orders made under s.31(7) of the Matrimonial Causes Act 1973, after the grant of a decree of divorce. After the parties’ 2002 divorce, they settled the matrimonial finances …

cohabiting

Cohabiting couples – rights at separation

There is much chatter in family law circles presently regarding the possibility of a change in law, bringing about a “no fault” based divorce system. Opponents to this scheme often cite the risk such a system may create by encouraging parties to marry (and thereby risk divorce) with little “risk”. Their argument extends to suggest that cohabiting couples will be …

family

The end of the nuclear family

Sir James Munby, the president of the High Court’s family division made a speech at Liverpool University in honour of 20th century social reformer, Eleanor Rathbone, earlier this week in which he called for family law to “adapt itself to these realities” and described the pace of change “maddeningly slow”. He went on to say that the modern British family was complex …