British citizenship for children of unmarried parents
Historically, if a father was not married to a child’s mother, he could not pass on his British nationality automatically to his child. This meant that if a child was considered “illegitimate” and had a British father, they could not acquire their citizenship unless the mother was British or settled. This was the case even […]
Who keeps the dog?
Getting a divorce is undoubtably a stressful time, however even more so when deciding upon the division of pets. The emotional attachment we build with our pets can be argued to mirror that of a family member or child in some cases, so deciding who is going to keep them upon divorce can result in […]
Divorce in the partnership – an exploration of the issues which arise when law or accountancy firm partners divorce
When equity partners in a law or accountancy firm (or those with a lawyer or accountant spouse) divorce, careful consideration needs to be given to the partner’s financial position and the disclosure required to understand and corroborate it. The starting point in financial negotiations is the production of the Form E. The Form E should […]
The key factors impacting divorce rates in England & Wales
The ONS statistics on divorces in England and Wales in 2021 have been released today. It was anticipated that there may be a downturn in the number of applications for divorce in 2021, prior to the long-awaited and much publicised introduction of the new “no fault” divorce regime which was introduced in April 2022. Certainly […]
What is the “Good Divorce”?
With Resolution’s “Good Divorce Week” in full swing this episode of the Today’s Family Lawyer podcast sees host David Opie speak with Annabel Andreou, a family divorce lawyer at Debenhams Ottaway about the ins and outs of a “Good Divorce.” Annabel discusses her thoughts on what a “Good Divorce” might look and feel like from […]
Top tips to recession-proof your divorce advice
An economic downturn undoubtedly adds challenges and stress to every situation and will have an impact on families and their relationships. As family lawyers, our role is to collaborate and support divorcing couples through these difficult times but it doesn’t come without complications. Valuing couples assets during recession A volatile market and things changing so […]
Uncapping bankers’ bonuses: Implications for divorce settlements
Couples going through or contemplating divorce, should consider how uncapping bankers’ bonuses in the UK will affect financial settlements. The author of this article spells out the issues in play. One of the changes made by the short-lived UK government of Liz Truss and her finance minister, aka Chancellor, Kwasi Kwarteng, was removing the salary […]
Good Divorce Week 2022: Resolving disputes away from court
This year, Resolution’s initiative “Good Divorce Week” is centred around raising awareness of the different ways in which parties can resolve their disputes outside of the court process. This focus has been prompted in recent months (and years) by a family court system in crisis, with huge backlogs on administrative matters and long waiting times for […]
Cohabitation – The myth of the common law spouse
The government’s decision to reject almost all proposals for cohabitation law reform put forward in the Women and Equalities Committee’s recent report may be the result of an administration with bigger fish to fry but is disappointing nonetheless. In this latest podcast from Today’s Family Lawyer, host David Opie speaks with Hunter Law LLP Partner Richard Kershaw […]
“Millennial Divorces” – harder than traditional separations?
One of the most prevalent legal myths is that of the “common law” husband or wife. The stark legal reality is that no such concept exists. This is irrespective of how long a couple have lived together, whether they purchased a property together, or whether they have children together. If a couple are married, or […]
Justice spending cuts will “lead to system failure”
The Vice-President of the Law Society of England and Wales, Nick Emmerson, has warned that the cuts in justice spending announced as part of the autumn statement yesterday, will “likely lead to system failure”. Here’s his full response. The justice system is in crisis and facing systemic failure. Increased funding is vital to keep it […]
The Ombudsman’s Corner: 17th November 2022
Legal Ombudsman’s Scheme Rules April 2023 Aside from a couple of minor amendments and additions made back in 2012, our Scheme Rules have not changed from the date that I started my career at the Legal Ombudsman in January 2011. Last year, we decided to undertake a thorough review of them ahead of a two-stage […]
Cohabiting couples: The legal protections explained
The UK has seen a surge in the number of couples who cohabit, i.e. live together unmarried. According to a recent ONS survey, the number of cohabiting couples has grown by almost 23% in the past decade. And yet, couples who live together without being married have very few rights when it comes to finances, […]
What is causing the rise in divorce applications?
There is a rise in divorce applications and at the moment it isn’t clear whether this is post pandemic where couples have put on hold personal matters whilst having to live under the same roof, or whether some couples have waited for the introduction of no fault divorce on 6th April this year. We are […]
Post-nuptial agreement not upheld due to husband’s vulnerability
It is well-established under the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42, [2011] 1 A.C. 534, [2010] 10 WLUK 455 that the court will normally give full weight to a pre or post-nuptial agreement provided both parties entered into it of their own free will, without undue influence or pressure, and were informed of […]
Brexit’s inconsistent cross-jurisdictional prenups
We all know that more and more families cross jurisdictional borders today than ever before. But how legal systems view family law and the financial consequences of divorce differs enormously from country to country – and individuals or couples who move to a foreign city are often shocked to discover, usually too late, that local […]
Financial remedies: A battle royale
Where jurisdiction is in dispute, this does not prevent the court from making an interim order, but in MG v GM Peel J accepted that the court should be cautious, both as to whether to make an order and as to quantum, in circumstances where the order may turn out to be based on a false […]
“Letting sunlight into the Family Court”: Gallagher and transparency in financial remedy proceedings
Financial remedy practitioners will be aware of the recent and ongoing developments that have been taking place on the transparency front. In recent financial remedy proceedings decisions, Mostyn J has challenged the assumption that judgments in financial remedy cases should be routinely anonymised. Stephanie Coker examines a further Mostyn J decision, namely Gallagher v Gallagher (No.1) […]
What can be done when parents disagree about the choice of their child’s school?
Many parents will be faced with the task of choosing a school for their child as the applications for new school places open in the autumn. However, what happens when parents don’t agree on the choice of school? Disagreements over the choice of school can arise over fundamental issues such as whether a child should […]
Six months after the change in divorce law – where are we now?
From 6th April 2022, the law on divorce changed and couples can now get divorced on a “no-fault” basis. This has led to the number of divorce applications reaching their highest level in a decade. Six months has now passed and this article reflects on the change in law and the effect this has had […]