agreement

Wife fails to increase settlement from pre-nuptial agreement

The Court of Appeal recently returned a decision on a wife’s appeal of a High Court judgment, providing her with in excess of £50m and business interests, following her 20 year marriage to successful businessman, Gerard Versteegh. The husband and wife, both in their 50s, were both born, brought up and educated in Sweden. The parties married in Sweden in …

grandchildren

Grandchildren and grandparent relationship to be enshrined in law in the near future?

This week,there has been wide ranging, media reports on the cross-party support to enshrine the right of a grandparent to see their grandchildren after a divorce or separation between parents. Changes to legislation would be required, as grandparents are currently required to obtain the court’s permission to make an application under section 8 of Children Act 1989 for contact, unless the …

needs

Guidance on financial needs from The Family Justice Council

The Family Justice Council (FJC) has published its second edition of “Guidance on Financial Needs on Divorce”, described by President James Munby as, “…an invaluable tool for the judiciary in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.“ The guidance is intended to clarify the meaning of “financial needs” on …

The Split

The Split – BBC drama not reflective of family lawyers

The BBC’s latest prime-time drama, The Split, has been widely criticised by family solicitors for its negative portrayal of lawyers and their involvement in family disputes. Despite benefiting from solicitors consulting on the programme, a general theme of complaints from Resolution has included (watch out for spoilers!): (a) When meeting sportswear mogul Davey McKenzie, played by Stephen Tompkinson, his prospective …

pre-nuptial

Pre-nuptial agreement departed from on grounds of fairness

The High Court recently set out a judgment by Mrs Justice Roberts on the application of a pre-nuptial agreement, departed from by the court on the grounds of a fundamental flaw as to its fairness, when considering the future provision for the wife. some 18 months since financial remedy proceedings were issues, the court heard of the relationship of KA …

LASPO

LASPO fallout – mediation failing to relieve the court’s workload

Between October and December 2017, mediation instructions fell by 15%, when compared to the same period in 2016, with the total number of initial mediation instructions currently standing at around 1,500 – the lowest  number of initial instructions in any quarter since the implementation of the LASPO Act. Mediation Information and Assessment Meetings (MIAMs) during this same period were down …

Munby

Sir James Munby’s final call for no fault divorce?

The country’s leading family law judge, Sir James Munby, President of the Family Division, chose to once again press for a move towards no-fault divorce during the course of a recent lecture to the legal faculty at the University of Edinburgh. Sir James highlighted his view that no fault divorces should be made available to allow those individuals “trapped in …

jailed

Ex-husband jailed for breaching court orders

John Hart, 83, has been jailed for 14 months for contempt of court in relation to his divorce settlement, having been ordered to hand over £3.5m of assets to his ex-wife, Karen Hart, in addition to his company shares. The shares, which amounted to a “substantial part of the wealth” involved in the June 2015 divorce settlement – were transferred to Mrs …

family home

Selling the family home during court proceedings

Mr Justice Cobb recently reviewed the law surrounding the thorny issue of the sale of the the family home during the course of ongoing financial remedy proceedings. Many separating couples find themselves in a quandary, as they consider the pro’s and con’s of such a sale within the context of such proceedings, as occurred in the case of WS v …

pension

Pension impact on divorce nears £4,000 a year

New research from Prudential shows that divorcees who plan to retire in 2018 can expect their yearly income to drop by £3,800 compared to those who have never divorced, highlighting the impact of marriage breakdown on pension saving. Prudential’s annual study, running over the last eleven years has tracked the finances, future plans and aspirations of those planning to retire …