conflict

CAFCASS develop response to high conflict cases and those of parental alienation

For separating parents, deciding where the children live and how much time they spend with their ex is often their first concern, but ultimately, can be hard to agree. In circumstances of conflict and emotion, a child may not wish to see the non-resident other parent and there are sadly circumstances where this is encouraged or facilitated by the resident parent, …

change

Changes to divorce law on the horizon

Married couples may soon be entitled to no-fault divorces and spouses will lose the right to defend and contest the irretrievable breakdown of a marriage as standard, under proposals for a historic change of the divorce laws, currently being drawn up by the government. Secretary of State for Justice and Lord Chancellor, David Gauke, is expected to soon announce a government …

cohab

Cohabiting couples seek protection with legal coalition

Couples mistakenly believe they have the same legal and financial rights and protections as married couples, say a coalition of legal bodies, including the Bar Council, the Law Society, Resolution and Relate. The government is being urged to provide legal protection to the millions of cohabiting couples, as evidence emerges of an increase in the number of civil partnerships and deathbed …

cost

Cost of raising children laid bare by children’s charity CPAG

Child Poverty Action Group have released their latest report illustrating the cost of raising a child to the age of 18, based on a “minimum standard of living”. The report can be found here in full. The report works to the definition that the “… minimum standard of living in the United Kingdom today includes, but is more than just, …

enforcement

Enforcement of financial orders in court

The High Court heard the ongoing matter of Russian billionaire, Farkhad Akhmedov, and the enforcement of his 2016 divorce settlement. Mr Akhmedov has not paid his ex-wife any of the £453m he was ordered to pay her, following the breakdown of their marriage. Ms Akhmedov had been provided 41.5% of the matrimonial assets, valued at over £1bn during earlier proceedings. …

skype

Skype the answer to modern day court user needs

In his retirement speech at the Royal Courts of Justice, outgoing President of the Family Division, Sir James Munby suggested that members of the public should be asked if they want to go to a physical court building or simply talk to the judge via Skype “…from their kitchen…”. Sir James Munby went on to state that “…anyone who thinks …

petition

Tini Owens loses divorce petition fight at Supreme Court

Tini Owens has lost a Supreme Court appeal to be granted a divorce because she said her marriage was unhappy. In May 2015 Mrs Owens issued a divorce petition which has been the subject of a great number of court hearings, concluding in the Supreme Court proceedings. Mrs Owens’ petition was based upon section 1(2)(b) of the Matrimonial Causes Act 1973, in which …

deceit

Cohabitee deceived into spending divorce settlement secures damages

In December 2010, a divorce was finalised in relation to Sacher Barker’s marriage, with Ms Barker having secured a financial settlement of £550,000. In 2011, Ms Barker met Richard Winter. Ms Barker claimed that Mr Winter represented to her that he was very wealthy, separated from his wife and in the process of obtaining a divorce himself. Ms Barker said …

vary

Attempts to vary spousal maintenance fail at the Supreme Court

In a pronouncement described by some as ending the “meal ticket for life”, the Supreme Court has ruled that a divorced husband should not have to increase his spousal maintenance payments to his former wife, after she mismanaged her finances post-divorce settlement, rejecting the wife’s application to vary the previously agreed arrangement. The Supreme Court heard that after the parties’ …

dispute

Dispute over forum considered by Court of Appeal

Highlighting once again the importance of the jurisdictional forum of divorce proceedings, the courts have recently considered the matter of Mr and Mrs Thum and their jurisdictional dispute.   Catja Thum, won the race to lodge her divorce petition in England, before her financier husband, Oliver Thum, did the same in Germany, after she found out that Mr Thum had taken …