Domestic Abuse Commissioner calls for ‘wide-reaching’ family court reforms
Domestic Abuse Commissioner calls for ‘wide-reaching reforms’ to ensure safety of children in the Family Courts and accelerate government plans The Domestic Abuse Commissioner has released a report highlighting ongoing concerns about the traumatising experience of the Family Court for victims and survivors of domestic abuse. The report outlines the Commissioner’s plan for wholesale change […]
One size does not fit all: Cohabitation Agreements
Those seeking a cohabitation agreement tend to fall within three groups: Group 1 consists of those wishing to purchase their first home. They tend to be of the younger generation; they want to protect their investment, particularly if there has been or will be an unequal contribution towards the deposit or mortgage payments, or they […]
Behaviour and blame – what impact on a marriage?
As I wrote in late March, the Law Commission has been tasked with undertaking a wholesale review of financial remedies upon divorce. At this stage, few further details are available, save that the project articulates 6 areas for potential reform. This further article looks more specifically at one of the more surprising areas that made the […]
Migrant survivors: Domestic Abuse Commissioner responds to government plans
Following the government’s response to a report published by Domestic Abuse Commissioner Nicole Jacobs regarding support for migrant domestic abuse victims and suvivors, the Commissioner has provided the below update. I have [recently] written to the Immigration Minister, the Rt Hon Robert Jenrick MP, about my concerns in the Government’s response to my […]
Do men or women make better family lawyers?
Now, there’s a question, and one which I’m not going to answer. At a recent Private Children Law seminar, I looked around the room and noticed that nearly 90% were female attendees. Further, the Judge speaker was female, as were all three Counsel speakers, and indeed an expert that spoke. Where were the male family […]
Bookended by certainty: Further guidance from the High Court on prenups and postnups
Financial proceedings on divorce can be long, complex and messy. They are often intrusive and judges possess a wide range of discretionary powers that make it difficult to predict what the final outcome will be. In that context, it is understandable that prenuptial and postnuptial agreements (‘prenups’ and ‘postnups’) continue to grow in popularity. Increasingly, […]
Family court delays see children waiting a year to finalise living arrangements
Soaring family court delays mean children involved in private law cases are waiting 47 weeks – almost a year – on average to find out who they will be living with long term. This is according to data published by the Ministry of Justice, which also highlighted a four-week increase in the delays affecting such […]
New legislation set to provide additional rights for carers, expecting parents, and new parents
On 24th May 2023, three family-friendly bills received Royal Assent: The Protection from Redundancy (Pregnancy and Family Leave) Bill; The Carer’s Leave Bill, and The Neonatal Care (Leave and Pay) Bill, which have now become Acts of Parliament. Below, we explore what the three Acts aim to achieve and the additional rights which employees will […]
The Ombudsman’s Corner: July 2023
An issue that all ombudsman schemes face is that it is difficult to forecast the level of demand on its service. During the pandemic most schemes saw an increase in demand for two reasons – people having time to reflect on the service they received from providers and then time to raise complaints about it, […]
Financial provision claim upon divorce cannot proceed if a party dies, UKSC rules
The UK Supreme Court (UKSC) has ruled that financial provision claim proceedings under the Matrimonial and Family Proceedings Act 1984 cannot proceed once one of the parties to that claim dies. Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 22 saw the Court unanimously reject an appeal […]
Legal outcomes of cases at the national deprivation of liberty court
New analysis of deprivation of liberty orders confirms many children are facing long and severe restrictions in unregistered placements far from home. New analysis of the legal outcomes of deprivation of liberty applications in England and Wales has exposed that it is the norm for children involved in these cases to face severe restrictions, typically […]
Work life matters: Wellbeing
If your organisation is following the established patterns over the past couple of years, you’re probably drowning in wellbeing advice, support and guidance. And that’s a really good thing. Helping staff with their wellbeing – in all its guises – is the RIGHT thing to do. So instead of me re-hashing some of the information […]
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 […]
A practical guide to stranded spouses: In conversation with Mani Singh Basi
Mani Singh Basi is a family law barrister at 4PB who recently published a book, A Practical Guide to Stranded Spouses in Family Law. He recently sat down with Today’s Family Lawyer to discuss his stranded spouses and his new book. What made you write a book about this topic? As a family practitioner, I […]