Justice spending cuts will “lead to system failure”
The Vice-President of the Law Society of England and Wales, Nick Emmerson, has warned that the cuts in justice spending announced as part of the autumn statement yesterday, will “likely lead to system failure”. Here’s his full response. The justice system is in crisis and facing systemic failure. Increased funding is vital to keep it […]
The Ombudsman’s Corner: 17th November 2022
Legal Ombudsman’s Scheme Rules April 2023 Aside from a couple of minor amendments and additions made back in 2012, our Scheme Rules have not changed from the date that I started my career at the Legal Ombudsman in January 2011. Last year, we decided to undertake a thorough review of them ahead of a two-stage […]
Cohabiting couples: The legal protections explained
The UK has seen a surge in the number of couples who cohabit, i.e. live together unmarried. According to a recent ONS survey, the number of cohabiting couples has grown by almost 23% in the past decade. And yet, couples who live together without being married have very few rights when it comes to finances, […]
What is causing the rise in divorce applications?
There is a rise in divorce applications and at the moment it isn’t clear whether this is post pandemic where couples have put on hold personal matters whilst having to live under the same roof, or whether some couples have waited for the introduction of no fault divorce on 6th April this year. We are […]
Post-nuptial agreement not upheld due to husband’s vulnerability
It is well-established under the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42, [2011] 1 A.C. 534, [2010] 10 WLUK 455 that the court will normally give full weight to a pre or post-nuptial agreement provided both parties entered into it of their own free will, without undue influence or pressure, and were informed of […]
Brexit’s inconsistent cross-jurisdictional prenups
We all know that more and more families cross jurisdictional borders today than ever before. But how legal systems view family law and the financial consequences of divorce differs enormously from country to country – and individuals or couples who move to a foreign city are often shocked to discover, usually too late, that local […]
“Letting sunlight into the Family Court”: Gallagher and transparency in financial remedy proceedings
Financial remedy practitioners will be aware of the recent and ongoing developments that have been taking place on the transparency front. In recent financial remedy proceedings decisions, Mostyn J has challenged the assumption that judgments in financial remedy cases should be routinely anonymised. Stephanie Coker examines a further Mostyn J decision, namely Gallagher v Gallagher (No.1) […]
What can be done when parents disagree about the choice of their child’s school?
Many parents will be faced with the task of choosing a school for their child as the applications for new school places open in the autumn. However, what happens when parents don’t agree on the choice of school? Disagreements over the choice of school can arise over fundamental issues such as whether a child should […]
Six months after the change in divorce law – where are we now?
From 6th April 2022, the law on divorce changed and couples can now get divorced on a “no-fault” basis. This has led to the number of divorce applications reaching their highest level in a decade. Six months has now passed and this article reflects on the change in law and the effect this has had […]
Become a #FertilityAmbassador by signing the Fertility Workplace Pledge
A new campaign to improve the rights of employees undergoing fertility treatment has this week been launched in Parliament as part of National Fertility Awareness Week. Here’s all you need to know on how you and your firm can get involved. Fertility treatment affects millions of people from all ethnicities and socio-economic backgrounds. It is […]
Keeley Lengthorn and the Baby Loss Awareness Campaign
In this Today’s Family Lawyer podcast, host David Opie is joined by baby-loss awareness campaigner Keeley Lengthorn. Keeley is a partner at Taylor Rose MW and has spent much of 2022 campaigning for greater baby-loss awareness in UK employment conditions. Keeley tells her own story which tragically involves her own loss and being the first […]
Child’s birth to same-sex couple prompts bureaucratic tangle
You wouldn’t be surprised to hear that, when a same-sex couple have a child following lawful IVF treatment, each of them has a right to be registered as the child’s legal parent. However, as a High Court case showed, whilst the law has generally kept pace with social change, the same cannot always be said […]
How is the cost of living crisis affecting parental support for university children?
Halls have become home, Freshers Week has come to an end and now it’s time for the hard work to start. Another cohort of young people has started its university journey. No one is escaping the current cost of living crisis, including the student population. A staggering number of students are expressing concern about making […]
Cyber attacks in the legal sector
It can’t have escaped your notice the spate of highly publicised cyber attacks hitting the legal sector, Ward Hadaway, The Bar Council and Bar Standards Board and Tuckers have all been crippled making firms sit up and take notice. Types of attacks hitting the legal sector In the world of cybercrime Law firms’ data is […]
Are family lawyers now subject to the anti-money laundering regime?
The anti-money laundering (“AML”) regime for law firms has now been in place for 20 years, starting with the coming into force of the Proceeds of Crime Act 2002 (“POCA”) followed by a succession of Money Laundering Regulations (MLR). Over that time the regime has become progressively more detailed and its enforcement stricter, with the […]
The state of the Solicitors’ Professional Indemnity Insurance Market in 2022
For many firms, solicitors’ professional indemnity insurance (PII) is a “set it and forget it”-type of activity. They understand they need coverage, but they’re far from thrilled about the process of scouring providers to find the best deal. That’s especially true when you consider the current professional indemnity insurance market. Surging premiums, an absence of […]
Looking back at family law during Her late Majesty’s glorious reign
As the country mourns Queen Elizabeth II’s passing, Today’s Family Lawyer looked back at the development of the law and society during Her late Majesty’s glorious reign. Join nearly 1,000 other family lawyers – sign up to our newsletter
Baby loss policies: in conversation with Keeley Lengthorn
Where an employee has lost their child in the first 24 weeks of pregnancy, there is currently no statutory right to parental bereavement leave in the UK. In those cases, employers have the discretion to offer their staff leave under their compassionate leave policy, annual leave, or unpaid leave. This is, however, an option that […]
Cohabitation Rights Bill: protection for cohabitees urgently needed
Ahead of the Queen’s Speech, Suzi Denton, Family Law expert at Irwin Mitchell comments on the much needed Cohabitation Rights Bill. According to the Parliamentary Inquiry into the Rights of Cohabiting Partners, there are over 3.4m unmarried couples living together in England and Wales, making cohabitation the fastest growing family set-up. Many of these couples […]
National Surrogacy Week: an analysis of H v United Kingdom
Extended feature: commentary on H v United Kingdom In the second article in the National Surrogacy Week series, Natalie Sutherland, partner at Burgess Mee Family Law, looks at a European Court of Human Rights case which involved a young girl born through surrogacy. The girl took the UK Government to Strasbourg claiming that she had […]