Amazon

Amazon billionaire leading the way on divorce

It is customary for the mainstream media to leap on the crass label of the first week of January as “divorce week”, highlighting the increase in parties separating after what has often been a difficult and traumatic festive period. Financial worries, childcare pressure and increased time together can frequent cause enough pressure to see some relationships reach that tipping point …

divorce

Divorce petition instead of pigs in blankets?

The festive period is inevitably a difficult time for any separated family, particularly those still going through the legal and administrative steps of divorce and separation. Much is made in the mainstream media of “divorce week”, that week at the start of the new year, where separating parties grab the proverbial bull by the horns and elect to initiate divorce …

grandparents

Improved rights for grandparents on the horizon

Grandparents estranged from their grandchildren following the separation of the parents have warmly welcomed the suggestion from Justice Minister, Lucy Frazer QC, that their standing in law will be reconsidered, with a view to providing them improved rights and protections to see their grandchildren. Whitehall has agreed to review the law surrounding contact between grandparents and the children of separating …

decree

Changes to divorce law may see missed opportunity

The Ministry of Justice has recently concluded its much publicised consultation on reforming divorce. within it, it proposes to test a minimum six-month wait to grant a decree absolute after the decree nisi has been granted. The MoJ has stated, “We think this allows a sufficient period for most couples to consider the implications of divorce and reach agreement on practical arrangements, …

variation

Variation of arrangements for contact with a child

Many separated families find that agreed arrangements for contact and other child matters need constant review, often being tweaked and changed to reflect the changing dynamic of the separated family unit. Often these types of variation can be relatively small, such as the location or time for collection or drop off. However, there are occasions when a variation cannot be …

maintenance

Uncertainty of spousal maintenance continues

The Supreme Court has confirmed that it had refused permission to appeal in Waggott v Waggott because the wife’s challenge to the appeal court’s decision to end periodical payments from her ex-husband did not raise an arguable point of law. The decision means those proceeding through divorce will have to wait for further clarification on the issue of spousal maintenance. …

agreement

Terms of pre-nuptial agreement considered unfair

Anita Bräck, former wife of McLaren F1 test driver, Kenny Bräck, has succeeded in her appeal against the terms of the financial settlement to the parties’ pre-nuptial agreement. The retired racing driver sought to rely on the terms of the document prepared in 2000, following the parties’ separation in 2015. The racing driver and his bride-to-be to signed the pre-nuptial agreement when …

changes

Changes to divorce law and matrimonial finances

The Divorce (Financial Provision) Bill has been scheduled to commence its Committee stage in the House of Lords on 23 November 2018. This stage affords the proposed bill to be scrutinised on a line by line basis, in order to consider changes proposed to existing legislation. The proposed bill, sponsored by Baroness Deech, suggests changes to the Matrimonial Causes Act 1973 …

Northampton

Northampton becomes part of Family Court pilot scheme

The Family Court at Northampton is soon to join the Financial Remedies Pilot, as part of the court’s strategy to manage court proceedings relating to matrimonial finances. Following further consultation, the current President of the Family Division, Sir Andrew McFarlane, announced that the regional piloting scheme was to be extended to eight new courts, including Northampton. The Financial Remedies Court is …

service

International divorce and service of documents

The divorce process requires the court to be satisfied that the responding party is aware of the proceedings and has been given the opportunity to engage in those proceedings. To this end, the court takes steps to ensure that service of relevant documentation upon the respondent party is correctly conducted. Service is particularly challenging in cases involving an international divorce. …