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 …

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 …

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 …

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 …

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 …

costs

Court shines a light on disproportionate divorce costs

Whilst reviewing the latest stage of a matrimonial finance dispute in the Family Division of the High Court, a judge has commented on the “scandalous waste of court time” applied to a case involving divorcing parties, Barbara Cooke and Michael Parker. The pair, operating a luxury bathrobe and towel business, are estimated to have spent some £2,000,000 on legal costs …

jersey

Jersey to potentially lead the way on divorce

Last weekend, Jersey’s government launched a Facebook Live consultation with the islanders regarding their views on the island’s divorce laws, as they look to refresh them after some 70 years. The social media live chat consultation is seen as Jersey’s first step in a wide ranging consultation with the public on divorce reforms, anticipated to take place later this year. …

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 …

misconduct

Departure from equality and misconduct

In deciding what order to make in relation to financial settlement, the court has to consider the factors set out in section 25 of the Matrimonial Causes Act 1973. In the recently reported case of LFL v LSL [2017], the court was asked whether an order should be made in respect of the division of the matrimonial assets and whether the …