remarriage

Falling into the remarriage trap

Following the breakdown of a marriage, the parties naturally look to consider what their future may entail and in particular, how they might manage financially. Yet for some, dealing with the miasma of issues surrounding separation means that they never formalise the terms of any financial settlement with their spouse by way of a court order. The court only makes …

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 …

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, …

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. …

partnership

Civil partnership to be made open to all

Civil partnership is to be available to heterosexual couples following the recent Supreme Court case of Steinfeld and Keidan v Secretary of State for International Development [2018]. Many family law practitioners had urged the government to extend the scope of civil partnership after the Supreme Court’s ruling in Steinfeld and Keidan, wherein the court found that there was no justification for the discrimination …

pound

Husband ordered to pay wife’s solicitor if he pays his own

The millionaire husband in a divorce dispute has been ordered not to pay his lawyers a pound without paying a pound to his wife’s solicitors, under a High Court ruling from Mr Justice Holman.  The judge said it was “intolerable and an affront to justice” that the husband had been able to pay tens of thousands of pounds to his new …

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 …

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 …