The Ombudsman’s Corner: September 2023
Our approach to unbundling The idea of “unbundling” legal services has been discussed in the sector for several years. In a nutshell, it’s where a service provider takes on only those aspects of work that are reserved legal activities, with their client undertaking the rest. Work variously carried out by the Legal Services Board, Legal […]
How to identify and assess cryptoassets in divorce proceedings
Whether forming part of an investment portfolio, or collected as a hobby, in the right market, cryptoassets represent significant stores of value. With nearly one in ten British adults now owning some form of cryptoasset, from Bitcoin to NFTs, it has become increasingly important to be able to identify and address those type of assets in the […]
Oops!… I Did It Again: Britney’s third divorce
Having finally been released from a near 14-year conservatorship, Britney Spears was free to marry her long-term boyfriend, Sam Asghari, in June 2022. However, recently Sam Asghari announced that after only 14 months of marriage he is ending their “journey together” and has filed for divorce. This was Britney’s third marriage, the first to her […]
Mostyn hails ‘outstanding’ advocacy in financial remedy case as he winds down career
Mr Justice Mostyn praised the “outstanding” advocacy of lawyers involved in a highly complex recent financial remedy case as he prepares to draw the curtain on his judicial career. Susan Nancy Baker v Andrew Hartill Baker [2023] EWFC 136 centred on a divorced couple with the wife seeking a £9.34 million award, alleging the husband […]
Breakdown of an engagement – what are a party’s legal rights?
Following a breakdown of an engagement, a party is not afforded the same protections under financial remedy principles, as a formerly married couple. This article explores the legal protections available to a party who was formally engaged, with the courts relying primarily on the law of trusts and property, with some limited statutory protection by […]
What is a divorce coach?
Divorce coaches offer vital practical and emotional support to demystify and alleviate the complexities of legal and financial processes during divorce. Our role extends beyond information sharing; we empower individuals to regain emotional balance, enhance clarity, make well-informed decisions, and shape a future they envision. Working with clients is multi-layered. Listening and comprehending a client’s […]
From myth to reality: The call for reform to cohabitation laws | Part 2
Part two of this two-part article will look at whether the current law around cohabitation is fit for purpose and explore proposed reforms. Part one assessed the myth of “common law marriage” and the current rights available for separating couples. Is the current law fit for purpose? It’s hard to see how it can genuinely […]
Parental alienation: Is it still an alien concept?
Although parental alienation was first recognised by Wallerstein and Kelly in 1976, the concept gained controversy when Gardner suggested that parental alienation is actually a mental condition suffered by children who had been alienated by their mothers. Subsequently, parental alienation became a term which was rejected by English and Welsh courts. However, the idea that […]
From myth to reality: The call for reform to cohabitation laws | Part 1
Part one of this two-part article will assess the myth of “common law marriage” and the current rights available for separating couples. Look out for part two where the current law’s fitness for purpose will be put to the test, with proposed reforms also assessed. The ‘common law marriage’ myth One in five couples are […]
Child Abduction – “Habitual residence” and case complications
Since 1993 Derek Parsons, a solicitor at RWK Goodman, has specialised in Child Abduction work and joins this latest Todays’ Family Lawyer podcast to discuss his experience. Derek explores the reasons why children can become removed from their homes and the work he does in ensuring they are protected. Broadly speaking much of Derek’s work […]
How to choose the right law firm for you as a family lawyer
There are many boutique specialist family firms out there, and many successful ones at that. As a junior family lawyer this can be very appealing. But for me, I have always worked in a multi-practice firm, and am confident I will continue to do so. Family law is the most varied area of law and […]
Value of FDAC ‘problem-solving approach’ highlighted by new study
A new large-scale study has revealed the positive impact of the Family Drug and Alcohol Courts (FDAC) versus standard care proceedings under the Children and Families Act 2014. FDAC aims to address the problems which led a local authority to bring the parent(s) to court by using a “problem-solving” approach. This involves a specialist multi-disciplinary […]
How can separated parents prepare for the summer holidays?
The summer holidays, for any parent, is an annual event that requires the three Ps – Planning, Preparation and Patience! For separated parents, this can apply even more when trying to negotiate and agree the time spent with their child or children. Often, where there is a Child Arrangement Order or “CAO” already in place, […]
Sir Nicholas Mostyn bids farewell to the Bench
Sir Nicholas Mostyn has officially said goodbye to the Bench with last Friday marking his final day in the courtroom. The esteemed High Court judge – who recently turned 66 and has been diagnosed with Parkinson’s – also enjoyed a magnificent career as a silk, having been involved with high-profile cases such as White v […]
The pitfalls of inconsistency in the family courts
UK family law that provides judges with such wide discretion when dividing assets on divorce has been a perennial bone of contention in legal circles. The laws were challenged again recently by Mr Justice Mostyn, as he attempted to influence a change in the legislation governing financial remedies. Mostyn has long campaigned on the issue, […]
Musings from a legal aid ‘career paralegal’
Within the legal community there’s a common belief that the role of paralegal is just a step on the way to becoming a lawyer. But for some of us being a paralegal is enough in itself. Working as a paralegal in legal aid is both challenging and satisfying. Here’s why. Within a legal aid team, […]
Should you seek an order for costs in financial remedy proceedings?
The Today’s Family Lawyer podcast welcomes Nicola Rushton, Senior Associate at Forbes Solicitors in Lancashire, to discuss costs in financial remedy proceedings with host David Opie. For Nicola, current costs rules don’t provide any deterrent for litigants, and particularly litigants in person, to run cases that don’t have merit or are disproportionate to the assets. […]
3 examples of the practical application new technology may have in a family law context
The LawTech Delivery Panel (an industry-led and government backed group to promote legal technology) defines LawTech as: “broadly, technologies which aim to support, supplement or replace traditional methods for delivering legal services, or transactions; or which improve the operation of the justice system”. As technology changes the way we relate to each other and live […]
Today’s Family Lawyer: The journey so far
Many of our readers will have been with us since we launched in 2019. It is more likely, however, that you discovered our publication within the last 12 months. During this period, Today’s Family Lawyer has embarked on a remarkable journey of transformation and growth. From website design to communication strategies, our publication has evolved […]
Italy begins stripping same-sex parents of their legal connection to their children
The Italian government has begun stripping same-sex parents of their legal connection to their children, according to LGBTQ Nation. After receiving a letter informing her that she would be removed from her daughters birth certificate, Michela Leidi told the Daily Mail that she “cried for 10 days”. After the government of the nation declared in […]