Case commentary: A v B & C [2023] EWCA Civ 360
It is sadly not uncommon for family practitioners to encounter cases where there are allegations of rape and sexual misconduct perpetrated by one party during the course of a relationship. In the context of private law proceedings, the Court is often called upon to consider these allegations and their impact in relation to child arrangements. […]
In the Yellow Chair: No-fault divorce
In the latest iteration of In the Yellow Chair, Tom Nash – also known as Mr Divorce Coach – offers his perspective on the introduction of no-fault divorce one year on. Why do you think no-fault divorce was implemented? No-fault divorce (NFD) is the beginning of a new era in family law, and I feel […]
Diary of a Legal Aid Lawyer: Tips for running domestic abuse cases
Tips for running domestic abuse cases How comfortable do you feel telling your best friend your most personal worries and concerns? Confident? Fairly confident? After all, they are your best friend, they know all about you, don’t they. Or do they? I’m pretty sure that most of us don’t tell even our best friend about […]
Work life matters: Hybrid working
Law firms everywhere continue to grapple with how to make hybrid working work in their organisation. It’s certainly not easy. Back in lockdown-times, when there was no choice and people were duty-bound to work from home, that’s exactly what they did. They worked from home. Some people loved this. Some people hated it. Yes, there […]
The law on coercive and controlling behaviour
In family law cases, coercive and controlling behaviour is seen all too often. Sadly, it is not a new phenomenon but since 2015, when criminal law changed, such behaviour now has an identity and a social awareness allowing victims to receive much-needed recognition and support from both the criminal and family courts. What constitutes coercive […]
Is the end nigh for London as the ‘divorce capital of the world’?
We are all familiar with the sensational headlines splashed over the front pages of newspapers heralding record financial orders upon divorce and declarations of London being “the divorce capital of the world”. Is this about to change as a result of the Law Commission being asked to consider this area of the law? Those seeking […]
Involuntary Bailees: What you need to know
One of the most challenging aspects of reaching a financial settlement on divorce can be separating the personal possessions that have accumulated throughout the marriage. Often there are items which have sentimental or emotional value, or which have a monetary value, and it can be difficult to decide who should keep what. This can lead […]
The Domestic Abuse Act 2021 in action
A recent family law case, DP v EP [2023] EWFC 6, has found that economic abuse can amount to “conduct” within the meaning of section 25(2)(g) of the Matrimonial Causes Act 1973, a factor to be taken into account when the court is deciding upon a financial settlement. The Domestic Abuse Act 2021 (“DAA”) came into force […]
Surrogacy and the new reforms
Current Law & Issues The current law which governs surrogacy has been around for over 35 years, The Surrogacy Arrangements Act 1985 constitutes the majority of the legislation but since then the Human Fertilization and Embryology Act in 2008 was an addition to this legislation. There has since been scientific and medical advances and a […]
Breaking up is hard to do: Void and voidable divorces
The pandemic has ushered in a new era of accessible online technology. In the family law sphere, we saw the rise of the citizen’s portal through gov.uk, allowing individuals to file for divorce online. On the whole this technology has been celebrated for its ease of access and, coupled with the change of legislation in […]
One year anniversary: ‘No-fault’ divorce
A year on since landmark marriage laws were implemented, the latest statistics show separating couples are making use of the new ‘no-fault’ divorce law. However, the “family courts need to be better resourced to reduce delays for those waiting to finalise their divorce under the previous regime”, the Law Society of England and Wales said. […]
Diary of a Legal Aid Lawyer: Strategies for targets and motivation
It’s no secret that life for a legal aid lawyer is very difficult in terms of targets and motivation. As a business, offering legal aid services comes with the knowledge that pay is poor and pro bono work is likely. Nonetheless, a legal aid lawyer does this willingly because we want to ensure the most […]
Building families through surrogacy: A new law
The Law Commission of England and Wales and the Scottish Law Commission, on the 29th March, released their report and draft bill detailing a new pathway for intended parents creating their families through surrogacy. As expected, a new pathway will be created for British Intended Parents (IPs) to become the legal parents of their surrogate […]
10 years on: What is the impact of the virtual eradication of legal aid?
Reducing government spending on legal funding and discouraging “unnecessary” litigation – these were the main motivations of the coalition government of a decade ago when they introduced the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which came into force in April 2013. A 2018 report about the impact of LASPO, found that […]
Parental alienation: Court considers issues related to instruction of experts in proceedings
Re C (‘Parental Alienation’; Instruction of Expert) [2023] EWHC 345 (Fam): Red Light Spells Danger – but not a definitive embargo on instructing unregistered and unchartered psychologists | By Laura Bumpus of Deka Chambers In determining the applicant mother’s appeal against an order made by HH Judge Davies refusing her permission to reopen findings of […]
Not just detriment: A more detailed look at Hudson v Hathway
Extended feature: Freeths’ Robert Hill examines the issues around Hudson v Hathway [2022] EWCA Civ 1648 The seminal decision in Hudson v Hathway was handed down on 14th December 2022, shortly before the Christmas break. It prompted something of a flurry in the legal press, particularly as the decision confirmed that which many practitioners had […]
Surrogacy: The strict approach to consent
When a child is born following a surrogacy arrangement, under English law, the surrogate will always be considered the child’s legal mother, regardless of whether there is a genetic link between her and the baby. If the surrogate is married or in a civil partnership at the time of conception, their spouse or civil partner […]
Setting up Hall Brown Family Law
The latest episode of the Today’s Family Lawyer podcast welcomes James Brown, one half of Manchester headquartered Hall Brown Family Law. In this edition James discusses the launch of Hall Brown, and how they have developed the strategy and business to become “simply the best in the North West” as a Legal 500 Tier One […]
Don’t you need to work in the city to get good work?
I live in South Somerset and am based at a firm in Wiltshire. Whilst we have a London office, the majority of my clients live within a 50-mile or so radius to our main office in Wiltshire. So does this mean I do not have exposure to interesting work? Far from it! Believe it or […]
In the Yellow Chair: Parental alienation
In the latest iteration of In the Yellow Chair, Tom Nash – also known as Mr Divorce Coach – offers his perspective on the concept of parental alienation in cases of separation. The concept of parental alienation is somewhat novel in many aspects. As a passenger on the emotional journey of somebody who has separated, […]