Adjusted ‘Mostyn formula’ clarifies how to calculate child maintenance payments for high earners
In advance of his retirement this summer, High Court judge, Mr Justice Mostyn, has recently produced two important judgments in relation to the quantification of child maintenance in cases where parents earn more than £156,000 gross per annum. Ellie Hampson-Jones explains the “Mostyn formula”, and a recent “adjustment” for payers earning more than £156,000 but […]
Appeal in HRA ‘failure to remove’ claim dismissed – AB v Worcestershire CC
The Court of Appeal has today dismissed the claimant’s appeal against the order of Ms Margaret Obi, sitting as a Deputy High Court Judge, granting summary judgment to two defendant councils in respect of allegations that their failure to seek care orders in respect of the claimant exposed him to mistreatment by his mother, infringing […]
Hopes high for surrogacy reform
The family law community has high hopes for surrogacy law reform in the wake of the Law Commission’s recently released proposals and draft bill. Speaking at the Today’s Family Lawyer Surrogacy event on 19th June, Natalie Sutherland, partner at Burgess Mee and speaker at the event, said she was hopeful that the latest reform proposals […]
Family Court takes into account husband’s blatant disregard for court process in ‘ruinous litigation’
A recent family law case considered points on a fair trial, special measures, post-nuptial agreements, litigation conduct and costs. Senior associate Jenny Bowden discusses the recent judgment in Xanthopoulos v Rakshina: Background This case was heard before Mr Justice Cohen in March 2023. It related to the husband’s financial claims on divorce following a 15-year marriage. The parties […]
Branding is so much more than your logo
If we thought branding was about logos and then we’re absolutely wrong… it’s about reputation, meaning, culture, service and so much more according to Matt Davies who joins host David Opie on the latest Today’s Family Lawyer podcast. Matt lives and breathes branding and his enthusiasm for the subject comes across through this discussion which […]
Diary of a Legal Aid Lawyer: Supporting legal aid teams better
Working as a lawyer in legal aid is going to be tough. Long hours, distressing cases, and distraught clients. This is an area of law for those who really do want to make a difference. Legal aid lawyers aren’t the flash style of lawyer portrayed in a myriad of films and TV series. Rather, they […]
Why choose a career in family law?
When you’re training to be a lawyer, via whatever route that may be, almost before you begin your first module, which I remember being ‘An Introduction to Law and Practice’, you have chosen what area you want to practice in. Or at least you think you have. I know I did, and thankfully that was […]
Digital assets: How are they dealt with on divorce?
Digital (or crypto) assets now form part of many people’s financial portfolios. They are commonplace and many are routinely investing in digital assets to diversify their investments. Recent reports have indicated that one in ten people in the UK have some form of crypto asset. The role of the metaverse in the future in how […]
Proposed surrogacy reforms ‘recognise how times have changed’
Surrogacy laws were written nearly half a century ago. This valuable new report on reforms recognises how times have changed. Becoming a parent is one of the most significant events in many people’s lives and for some they may choose to consider the option of surrogacy. Surrogacy is when a woman carries and gives birth […]
The Ombudsman’s Corner: June 2023
This month, I want to talk about our Technical Advice service. We are committed to being accessible to our stakeholders, so we decided to set up a dedicated email address technical.advice@legalombudsman.org.uk in November 2021 for service providers to contact us to obtain advice and guidance on a range of issues relating to complaints, complaints handling […]
Getting paid your true worth
The True Worth Expert Vanessa Ugatti joins host David Opie on the latest Today’s Family Lawyer Podcast. Vanessa works with professional services individual and organisations to help them understand their true value, and explain that better to clients to help them get paid their true worth, unapologetically. In her work Vanessa sees individuals and organisations […]
Work life matters: Career paths
It’s all too easy to fall into the trap of making an assumption that every lawyer is following the well-trodden path to Partnership – via many years of PQE and a fair degree of hard work, long hours and high performance (and luck). This trap presents itself at the outset of a legal career. The […]
No-fault divorce: A long time coming, but worth the wait
There is an ancient English tradition, now copied in fairgrounds, by which people who have done something wrong should be tied up to a wooden stake and have objects thrown at them. This would lead to general merriment for the spectators; and to misery for the person used as the object of the humiliation. I […]
‘Handsy’ colleagues and ‘boozy’ events: Where is the line?
The legal sector is changing. 100 years on from Carrie Morrison’s qualification as the first female solicitor, women now make up 53% of practising solicitors and 69% of applicants to law schools. The profession is made up of different races, religions, ages, genders, sexes; it welcomes the disabled and champions the neurodiverse. However, as is […]
How are businesses dealt with on divorce?
In divorce proceedings, the value of a business and its income will be regarded as an accessible resource of the marriage. It is important to clarify that this doesn’t automatically mean that the family court will mandate the sale of the business. In fact, the court acknowledges that the loss of the business’s income could […]
Career development top tips for junior lawyers in family teams
It can be a daunting journey when you first start your career as a family lawyer. Even when you qualify, you are beginning another new journey. You don’t instantly become a successful family lawyer overnight. At nearly five years qualified I’m still very much on my journey, but here are some tips that I feel […]
Divorcing together with one lawyer
With the one-year anniversary of No Fault Divorce having passed earlier this year, leading family lawyer Gemma Hope from Family Law Partners, tells how its practice is bucking the trend by encouraging clients to save money and take a more ‘agreeable’ route to divorce. With on average 42% of marriages ending in divorce, and the average […]
Diary of a Legal Aid Lawyer: Refuges
Clarity – and some relief – for residents and staff of refuges Anyone who has worked in the area of domestic abuse for any length of time will be relieved at the sensible and well thought through judgment of Sir Andrew McFarlane in Re P (Service on Parents in a Refuge) [2023] EWHC 471 (Fam) […]
Time to call ceasefire on divorce battle language
Words have meaning, and the way we use them matters. Take words like “bitter”, “battle”, “fight”, “anger”, “revenge” – all could aptly be used to describe seismic conflicts from human history. But rather than pulling them from the Wikipedia page about the Battles of Hastings in 1066 or Waterloo in 1815, they are instead a […]
Legal language service providers – a guide for family lawyers
Family lawyers increasingly work with clients with family ties and legal documents from all over the world. Supporting clients at some of the most vulnerable times in their lives, having access to the right legal language service provider is essential to ensure no interests and assets are misrepresented, and decisions are made on accurate interpretations […]