The new CGT rules for separating couples
At present, no capital gains tax (CGT) is charged on a transfer of assets between a married couple or civil partners who live together. However, if the couple separate or divorce, this tax relief does not necessarily apply. The Office of Tax Simplification reviewed the rules relating to separating couples in 2021 and proposed a […]
Work life matters: Workload challenges
I went to a Micky Flanagan comedy gig last night. His opener was “thanks for coming ‘out-out’ on a Tuesday. I guess you lot are all working from home tomorrow then”. Big laughs but it may have touched a nerve or two for some people. People are sensitive when it comes to being questioned about […]
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, […]
The end of forum shopping and delayed service in divorce?
It has now been almost a year since the change in divorce legislation to introduce “no-fault divorce” in April 2022. Much of the focus over the last year has been the zeitgeist of change away from fault based divorce applications and towards a modernised language (saying goodbye to using anachronistic terms like Decree Absolute, Decree […]
Domestic abuse: “We’ve a way to go yet”
In this latest Today’s Family Lawyer podcast host David Opie is joined by family lawyer and domestic abuse specialist Richard Port MBE. Richard is well known to many family lawyers and the wider family law community for his outspoken views, particularly on social media. He has also been awarded an MBE for his commitment to […]
Diary of a legal aid lawyer: Getting the most from your talented legal aid team
When I first started at The Family Law Company, I asked a member of our support staff where she worked – she said she was “just in the basement”. But to me there was no “just” about it. All good things are built on solid foundations; the most important people are often behind the scenes. […]
International Women’s Day: Female lawyers ‘positive about future’
Over eight out of 10 female lawyers claim that they feel positive about their future in the legal profession, new research coinciding with International Women’s Day has found. Realm Recruit surveyed a cross-section of 65 lawyers from its extensive network on topics relating to gender equality within the law. It found that 88% of lawyers […]
Division of assets in divorce proceedings influenced by husband’s litigation misconduct
The issue of jurisdiction is unavoidable in complex financial provision in divorce cases where the parties involved have international assets, and will always be considered carefully by the family court. This is made yet more complicated when one of the parties fails to engage with the proceedings. In the recent case of XO v YO [2022] […]
Coercive control on the big screen
The new Anna Kendrick film – Alice, Darling – has been praised for its portrayal of coercive control on the big screen. Sharon Horgan’s smash hit TV drama “Bad Sisters” has also recently included a coercive control storyline front and centre, helping to shine the spotlight on this issue which was only recognised legally since […]
Setting up a paralegal practice
Before setting out to deliver paralegal services direct to businesses and consumers, there are several issues to consider. These include qualifications and experience, demand for the services you would offer, and how you would grow your business. Qualifications Clients want to be sure that the person handling their (frequently delicate) legal issues is competent to […]
Family law ethics – 30 years in practice
The latest Today’s Family Lawyer podcast focuses on the tricky topic of ethics in family law. Joining host David Opie to discuss the ins and outs of the subject is Helen Young , head of the family team at Debenhams Ottaway. With 30 years experience as a family practitioner, Helen brings a wealth of experience […]
Diary of a legal aid lawyer: Making the most of initial client interviews
As lawyers, we understand that someone coming to an appointment for the first time is likely to feel uncertain about the experience. After all, lawyers aren’t always portrayed in the best light in TV programmes! Clients are often at their lowest point, with no confidence or faith that anyone wants to help them. Whether it […]
Work life matters: Emotions at work
Hello everyone, I’m new around here. My name’s Rich and I’ve been working with professional services firms on employee engagement and wellbeing for about 25 years. I know, I don’t look old enough, right…? Err. Moving on… I’ll be writing a new monthly column to explore different aspects of working in the legal sector. This […]
G v G [2022]: Challenging arbitration in children’s matters
G v G [2022] EWFC 151 sought to establish whether an arbitral award made in relation to children matters can be challenged using the appellate test from the FPR 210 as in the case of Haley v Haley [2020] EWCA Civ 1369, in which a challenge to an arbitral award made in relation to financial remedy […]
Watch your language: Why terminology matters in family law
Why language is so important and impactful on first impressions of family law | By Lydia Holland, Trainee Solicitor, Kingsley Napley As a trainee solicitor, I’ve learnt a lot in a short space of time. On Tuesday 31st January, I had the privilege of attending the Family Solutions Group Language Matters event, and one of […]
The Ombudsman’s Corner: February 2023
In my last column I set out details of the changes we are making to our Scheme Rules on 1st April 2023 with regards to the circumstances in which we can dismiss a complaint. This time, I am going to explain how we are changing our rules in relation to what happens at the end […]
Paralegals – where would we be without them?
In this latest episode of the Today’s Family Lawyer podcast host David Opie is joined by National Association of Licensed Paralegal’s (NALP) former CEO and now Patron Amanda Hamilton Starting out running paralegal training programmes in the 90’s, at a time when the term “paralegal” was starting to be used more regularly in the UK […]
In the Yellow Chair: The impact of separation upon cohabiting couples
In the Yellow Chair with Mr Divorce Coach | Today’s Family Lawyer sits down with one of the UK’s first male divorce coaches who shares his thoughts on the impact of separation on cohabiting couples. Couples are decreasingly getting married and instead choosing to cohabit. Why do you think this is? There are a vast […]
Diary of a legal aid lawyer: Avoiding costing jeopardy
The LAA costs assessment guidance rules often seem overwhelming and full of potential pitfalls. But there are ways to help avoid issues when costing your file at the end of a case. Some may seem basic, but it’s surprising how often they’re overlooked. For example, it’s important to check your funding certificate and ensure the […]