Proceedings against tenants
The rules of litigation against tenants has had a number of changes the last year which have made substantial changes to the ways in which residential and commercial landlords are able to remove a tenant from their property. Leonie Savory, litigator at Tiger Law explains where we are at now and what is the current […]
A Quick Guide to Financial Proceedings in England/Wales and Scotland
Following the Villiers decision, reinvigorating forum shopping (Villiers v Villiers [2020] UKSC 30), and with the implications of Brexit now a reality, family law practitioners must ensure that they are aware of the significant differences in family law between England/Wales and Scotland. This article identifies some of the differences between the two jurisdictions when considering […]
Has Coronavirus and the subsequent lockdowns make child arrangements more complicated?
The Prime Minister’s lockdown announcement in March 2020 sent shockwaves across the nation, but for separated families the news was even more unsettling. Many pondered whether his very strict reasons for leaving the house meant that children could no longer spend time with both parents in separated families. The initial concern amongst parents, of course, […]
A Quick Guide to Divorce/Dissolution in England/Wales and Scotland
Following the Villiers decision, reinvigorating forum shopping (Villiers v Villiers [2020] UKSC 30), and with the implications of Brexit now a reality, family law practitioners must ensure that they are aware of the significant differences in family law between England/Wales and Scotland. We highlight some of the main differences in divorce/dissolution law. This article does […]
‘Life isn’t fair’ so we tell our children
Is it really too easy to get a divorce in England and Wales? Mr Ayeh-Kumi seems to think so, as it has recently been reported that he has launched legal action in the High Court to overturn England’s ‘easy’ divorce laws, saying his ex-wife breached his human rights by securing a divorce on grounds that, […]
Surrogacy during a global pandemic
The Covid-19 pandemic brought with it disruption to all walks of life. This has certainly been the case in respect of international surrogacy arrangements where surrogates, intended parents and the children born to such arrangements, have found themselves in a state of limbo, often in different jurisdictions for unknown periods of time. It is not […]
Bringing value into the matrimonial pot during Covid-19 – protecting assets held in Trust
This article was co-written by Sean Hilton, Senior Associate and James Lister, Partner at Stevens & Bolton LLP The events of this year have had wide-ranging consequences, some of which are yet to be felt and some that are likely to be felt more keenly in the year ahead. However, according to the most recent […]
Commonly misunderstood terms in Family Law
Knowledge is power, and having this essential tool is a key factor when it comes to family law. The language involved can often seem intimidatory and can leave people feeling confused, frightened, and even excluded from their own negotiations. Having a clear grip on the language of family law will help you through the process […]
Are Private Financial Dispute Resolution hearings the way forward?
A ‘private’ FDR hearing may sound like something created for high net worth divorcing couples, but that is not the case. It can be of great benefit to all divorcing couples. There are a number of advantages to participating in a private FDR hearing. In light of COVID-19, with physical hearings only taking place where […]
Domestic Abuse during a Pandemic
The year 2020 has brought pain to many and in many different forms, from job loss, financial worries, illness and even death, the pandemic has struck a nerve with everyone. But what if no one can see your pain? Coronavirus aside, domestic abuse is a silent killer that can cause pain, frustration, and mental exhaustion […]
The True Cost of a DIY Divorce
Following the 2012 legal aid cuts and the recent launch of an online application system, the number of individuals undertaking so called ‘DIY divorces’ is on the rise, but is this the best approach? Whilst a DIY divorce may seem attractive, the true cost, both financial and emotional, may be far greater than expected. Making […]
A Covid Christmas – how to survive as a separated family
Two weeks ago the government set out its plans for what a Covid Christmas will look like. Christmas is already a difficult time of year for many. Even under “normal” circumstances, the intensity of the festivities – with overspending on presents and too much time spent with the in-laws causing disagreements – can place a […]
Digital family justice – reflections on the recent experiences of automating family law proceedings
Digital spaces now hold an important place in our democratic societies. “Access to justice” in this context is much discussed issue, however it is not always seen as quite complex as it ought to be, as it includes issues of both ways of accessing the law and access to dispute settlement procedures. However, not everything […]
Judicial diversity
On the 9th November I produced an article on legal aid within family law and considered the findings from a recent Council of Europe study which found that the UK is Europe’s legal aid capital and the third highest out of nearly 50 countries analysed. In the article, I focused on how the process of […]
Prenups: a client’s new best friend?
In these strange times, people are taking stock and thinking about what really matters to them. This may lead to decisions being made about their relationship status, i.e. decisions being made to separate, stay together or getting engaged, or due to fewer weddings taking place, postponing marriage until some point in the future ‘when all […]
Deal or No Deal …. Divorce Tourism set to stop?
In the recent Supreme Court case of Villiers v Villiers where a Scottish husband had lodged a writ for divorce in Scotland but his wife, now habitually resident in England, issued a financial claim against him in England and Wales was able to pursue her claim, being so permitted under the current EU law, was […]
Bridging the digital distance for clients
There’s been much debate about clients – in particular those who are parents – having concerns with the way cases are managed in a virtual court set up. A study carried out in September by the Nuffield Family Justice Observatory received more than 1,300 responses, with 88% of parents concerned about how their case was […]
Family Courts and Legal Aid
Recently, a Council of Europe study revealed that the UK is Europe’s legal aid capital and the third highest out of nearly 50 countries analysed. The comparison between other countries is questionable, as Amanda Pinto QC, Chair of the Bar Council in a press release stated in response: ‘“Comparing England and Wales’ spending on legal […]
Family Lawyers: Get Paid Your True Worth!
To say that we have been living through the most extraordinary of times would probably be the under-statement of the century! Certainly, in my conversations with family lawyers over the last few months, it seems that many of you have been extremely busy during this period, although, at the beginning of lockdown, there may have […]
A remote working overhaul could save a firm tens-of-thousands of pounds
The debate continues whether remote working will become more prevalent when the UK is released from the effects of the pandemic. But one thing that is seeming almost set in stone is the regularly moving restrictions are going to remain into 2021 with mass vaccination not likely until the Spring or Summer. In a recent […]