Category: Features

Deal, what deal?

A Family Lawyer’s perspective on UK-EU “Trade and Cooperation Agreement”  Last January, I wrote an article entitled: “No-deal Brexit would cut children adrift A long tradition of cross-border co-operation and recognition of judgments is close to being abandoned” In it I said, Cassandra like: “As we approach the eve of Brexit, not even to have […]

Two wrongs don’t make a right: conduct in FRB v DCA [2020]

There are numerous questions family practitioners come to expect when dealing with separating spouses. Chief amongst them is usually the inevitable request to cite conduct they considered essential that the Court be aware of when assessing financial provision. These can include cutting legs off valuable furniture, refusing access to pets, or listing their many affairs. […]

A Quick Guide to Cohabitation in England/Wales and Scotland

Following the Villiers decision, reinvigorating forum shopping (Villiers v Villiers [2020] UKSC 30), and with the implications of Brexit now a reality, family law practitioners must ensure that they are aware of the significant differences in family law between England/Wales and Scotland. This article identifies some of the differences between the two jurisdictions when considering […]

Divorce & Trusts – has the pandemic changed marriage & family?

With news stories of surges in divorce enquiries, there can be no doubt that Covid has impacted on married couples and family life.  The implications of life in lockdown has been a strain on many households. Families have found themselves forced into situations  where they may be working from home together, bringing work pressures to […]

The fallout from the controversial judgment in F v H

How the family justice system is failing victims of abuse and children who are at real risk of harm as a result of a flawed approach to cases involving allegations of abuse and coercive and controlling behaviour On Tuesday, four appeals in private children proceedings involving allegations of coercive and controlling behaviour and serious sexual […]

A Quick Guide to Pre-Nuptial Agreements in England/Wales and Scotland

Following the Villiers decision, reinvigorating forum shopping (Villiers v Villiers [2020] UKSC 30), and with the implications of Brexit now a reality, family law practitioners must ensure that they are aware of the significant differences in family law between England/Wales and Scotland. This article identifies some of the differences between the two jurisdictions when considering […]

Does the Family Court favour mothers?

Does the Family Court favour mothers when determining with which parent dependent children lives? Of course, the starting answer has to be, “Of course not!” but as with all things there is so much more to consider. This is a subjective question if ever there was one, and also a very hard one as every […]

Proceedings against tenants

The rules of litigation against tenants has had a number of changes the last year which have made substantial changes to the ways in which residential and commercial landlords are able to remove a tenant from their property. Leonie Savory, litigator at Tiger Law explains where we are at now and what is the current […]

A Quick Guide to Financial Proceedings in England/Wales and Scotland

Following the Villiers decision, reinvigorating forum shopping (Villiers v Villiers [2020] UKSC 30), and with the implications of Brexit now a reality, family law practitioners must ensure that they are aware of the significant differences in family law between England/Wales and Scotland. This article identifies some of the differences between the two jurisdictions when considering […]

Has Coronavirus and the subsequent lockdowns make child arrangements more complicated?

The Prime Minister’s lockdown announcement in March 2020 sent shockwaves across the nation, but for separated families the news was even more unsettling. Many pondered whether his very strict reasons for leaving the house meant that children could no longer spend time with both parents in separated families. The initial concern amongst parents, of course, […]

A Quick Guide to Divorce/Dissolution in England/Wales and Scotland

Following the Villiers decision, reinvigorating forum shopping (Villiers v Villiers [2020] UKSC 30), and with the implications of Brexit now a reality, family law practitioners must ensure that they are aware of the significant differences in family law between England/Wales and Scotland. We highlight some of the main differences in divorce/dissolution law. This article does […]

‘Life isn’t fair’ so we tell our children

Is it really too easy to get a divorce in England and Wales? Mr Ayeh-Kumi seems to think so, as it has recently been reported that he has launched legal action in the High Court to overturn England’s ‘easy’ divorce laws, saying his ex-wife breached his human rights by securing a divorce on grounds that, […]

Surrogacy during a global pandemic

The Covid-19 pandemic brought with it disruption to all walks of life. This has certainly been the case in respect of international surrogacy arrangements where surrogates, intended parents and the children born to such arrangements, have found themselves in a state of limbo, often in different jurisdictions for unknown periods of time. It is not […]

Bringing value into the matrimonial pot during Covid-19 – protecting assets held in Trust

This article was co-written by Sean Hilton, Senior Associate and James Lister, Partner at Stevens & Bolton LLP The events of this year have had wide-ranging consequences, some of which are yet to be felt and some that are likely to be felt more keenly in the year ahead. However, according to the most recent […]

Commonly misunderstood terms in Family Law

Knowledge is power, and having this essential tool is a key factor when it comes to family law. The language involved can often seem intimidatory and can leave people feeling confused, frightened, and even excluded from their own negotiations. Having a clear grip on the language of family law will help you through the process […]

Are Private Financial Dispute Resolution hearings the way forward?

A ‘private’ FDR hearing may sound like something created for high net worth divorcing couples, but that is not the case. It can be of great benefit to all divorcing couples. There are a number of advantages to participating in a private FDR hearing. In light of COVID-19, with physical hearings only taking place where […]

Domestic Abuse during a Pandemic

The year 2020 has brought pain to many and in many different forms, from job loss, financial worries, illness and even death, the pandemic has struck a nerve with everyone. But what if no one can see your pain? Coronavirus aside, domestic abuse is a silent killer that can cause pain, frustration, and mental exhaustion […]

The True Cost of a DIY Divorce

Following the 2012 legal aid cuts and the recent launch of an online application system, the number of individuals undertaking so called ‘DIY divorces’ is on the rise, but is this the best approach? Whilst a DIY divorce may seem attractive, the true cost, both financial and emotional, may be far greater than expected. Making […]

A Covid Christmas – how to survive as a separated family

Two weeks ago the government set out its plans for what a Covid Christmas will look like. Christmas is already a difficult time of year for many. Even under “normal” circumstances, the intensity of the festivities – with overspending on presents and too much time spent with the in-laws causing disagreements – can place a […]

Digital family justice – reflections on the recent experiences of automating family law proceedings

Digital spaces now hold an important place in our democratic societies. “Access to justice” in this context is much discussed issue, however it is not always seen as quite complex as it ought to be, as it includes issues of both ways of accessing the law and access to dispute settlement procedures. However, not everything […]