To rely or not to rely on a common-intention constructive trust?
To rely or not to rely on a common-intention constructive trust: an instance of the application of s. 53(1)(c) of the Law of Property Act 1925 | By John Clargo, Barrister, Gatehouse Chambers On 14th December 2022, the Court of Appeal overturned March’s High Court decision that detrimental reliance is not a necessary element of […]
F v M [2023]: Section 91(14) orders
F v M [2023] EWFC 5: Section 91(14) Orders to prevent litigation abuse and coercive and controlling behaviour in private children proceedings | By Victoria Rylatt, Senior Associate Solicitor, Anthony Gold This is the latest judgment by Mr Justice Hayden in a long-running private children matter. I discussed the previous fact finding judgment in my […]
Accidental Americans: Why IRS tax issues matter in family law
America is one of only two tax jurisdictions in the world who tax based on citizenship as well as residency, and this is a trap that catches millions of people unaware. The expansive definition for US citizenship creates a whole new category of “Accidental Americans”; those people with only nebulous connections to America but who […]
Diary of a legal aid lawyer: Why we need to be trauma-informed
As family lawyers, we support clients through the worst that life can bring. Whether that’s the end of a relationship or abusive behaviour, it’s usually what brings them to us in the first place. We need to understand trauma and how it affects how someone functions, and the first step is to become a trauma […]
The role of an intermediary in family law courts
In this latest Today’s Family Lawyer podcast host David Opie is joined by Paula Backen. Paula is a qualified speech and language therapist and started working as an intermediary just over 10 years ago. Since the set up of registered intermediaries for criminal witnesses in 2003, the role of the intermediary has developed but is […]
The Ombudsman’s Corner: January 2023
Happy New Year everyone and welcome to the first “Ombudsman’s Corner” of 2023. In the last column, I set out details of the changes we are making to our Scheme Rules on 1st April 2023 with regards to our time limits. This time, I am going to explain how we are changing our rules in […]
Choose well: Choose mediation?
Family Mediation Week | Sonia Rola, Buckles Solicitors LLP, looks at the benefits of mediation I am a family law solicitor and an accredited family law mediator and have worked within the legal profession for over 20 years, with extensive experience in family law and am a member of Resolution. The week commencing 16th January […]
In the Yellow Chair: Replacing the “expensive box of tissues”
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 unique perspective on divorce and family law. To begin, tell us who Mr Divorce Coach is I am Tom Nash, commonly known as Mr Divorce Coach, or simply “the […]
The impact of the festive season on relationships
It’s a sad fact that the festive period can often bring relationship breakdowns to a head and with a new year having started, where a fresh start is actively sought and encouraged, many couples consider divorce or separation as a solution. In this article, we look at the impact of the festive season on many […]
Natalie Sutherland: Understanding fertility and surrogacy law
Recorded in November 2022 this Today’s Family Lawyer Podcast features Head of Modern Families Department at Burgess Mee Natalie Sutherland discussing her work as a fertility and surrogacy law specialist and the launch of the Fertility Workplace Pledge; a commitment by business to better engage with the fertility challenges employees often face. The discussion covers […]
Family mediation: In conversation with Mary Raymont
Ahead of National Mediation Week commencing on 16th January, Today’s Family Lawyer spoke with Mary Raymont of Advantage Mediation on the role mediators play in family law – both now and in the future. What is family mediation? Family mediation is a voluntary approach to achieve solutions for families involving an independent mediator. This approach […]
Conveyancers: The key to solving cohabitation disputes?
With UK marriage rate dropping in recent years, an increasing number of young couples choose to cohabit rather than “tie the knot”. With finances stretched due to increases in the cost of living, and salaries not matching that increase, many couples are choosing to live together and, importantly, pool their resources to get a much […]
Family law: What to expect in 2023
Divorce, parental alienation, cohabitation, surrogacy – just a handful of the areas that were under family law’s microscope in 2022. However, the law – and with it the economy, society, and technology – seldom stands still. With this in mind, there is much to consider as family lawyers look towards 2023. Here are the thoughts […]
Are UK beneficial ownership registers incompatible with fundamental human rights?
The UK Government has legislated to provide for three corporate beneficial ownership registers that must be kept up to date on pain of criminal and civil sanctions to make it more difficult to hide illicit wealth. However, similar registers maintained in the EEA have been held to be unlawful by the European Court of Justice […]
Hinduja v Hinduja judgment
The Court of Protection (CoP) usually sits in public but with reporting restrictions which generally prevent anyone including the media naming the protected party, P, (or any of the other parties who would identify them). The aim is to strike a balance between open justice and a vulnerable person’s right to privacy but has led […]
The Ombudsman’s Corner: 16th December 2022
In my last column, I explained how and why our Scheme Rules are changing on 1st April 2023, setting out the main changes – our time limits, our discretion to dismiss or discontinue complaints which are within our jurisdiction in certain circumstances, and the introduction of discretion to decline to pass a complaint onto an […]
Today’s Family Lawyer Podcast: 2022 Round-Up
2022 saw the launch of the Today’s Family Lawyer Podcast. In a short space of time it has already achieved nearly 300 downloads and dealt with issues as wide ranging as baby-loss awareness, cohabitation and “the good divorce.” In 2023 the podcast will continue to profile individuals and businesses in the family law community, raising […]
Proposal for EU regulation on parenthood and the creation of a European Certificate of Parenthood
The law of legal parenthood does not join up internationally. This, however, may change for EU member states (with the possible exception of Denmark) if the Council, after consulting the European Parliament, passes a proposed regulation. The European Commission recently produced a proposal for a regulation which seeks to provide legal certainty in the cross border […]
Settlement for dependent parents: Appendix EU v. Appendix FM
Both Appendix EU and Appendix FM provide routes to settlement in the UK for dependent parents. Whilst the focus of this post will be on dependent parents, it should be noted that Appendix EU contains provisions relating to other types of dependent relatives and that Appendix FM relates, not just to dependent parents, but the […]
Forum shopping & divorce tourism
Recently, Clarissa Pierburg, the former wife of one of Europe’s richest men, Jürgen Pierburg, won her High Court battle to divorce in England on the basis that she was domiciled here. Her initial attempts to issue here were met with failure, as she could not provide legally sufficient grounds to so do. To be successful […]