Children’s cases – will the Judge take my criminal record into account?

Children’s cases need special treatment – so if you are involved in a case concerning children, yes, the court will  need to know about any criminal records you may have, or previous involvement with the police.  However, whether the judge believes it to be relevant to the case will depend on what the convictions were for, […]

Why Gillbanks Family Law are experts in divorce and separation advice

  Gillbanks Family Law have given us a small insight into the expert advice and guidance they provide for those going through the inevitably complex and sensitive process of divorce or separation “When a relationship breaks down one party might be ready to move on but the other party may still be struggling to come […]

Domestic abuse – Family lawyers asking for independent inquiry

Domestic abuse – Family lawyers asking for independent inquiry domestic abuse law image

  Lawyers who work with domestic abuse cases have written to Justice Ministers to call for  an independent inquiry into the way domestic abuse is handled in the family courts. More than 30 leading experts have signed the letter, which urges an upgrade to the departmental review which was announced in May. Letter sent to […]

‘Interesting Times’ ahead in family law?

‘Interesting Times’ ahead in family law? Family Law

President of the Family Division, Sir Andrew McFarlane, addressed the Resolution Conference on 5 April and spoke about major changes that were likely to impact family law in the next year. Along with Brexit, he addressed the increasing case load of the family courts and called for radical reform to working practices and processes. There […]

No weight given’ to pre-nuptial agreement in divorce of cosmetics heiress

No weight given’ to pre-nuptial agreement in divorce of cosmetics heiress pre-nuptial-agreement

A recent decision by Mr Justice Mostyn ignored a pre-nuptial agreement between the parties and gave a financial remedies award in favour of a husband despite a pre-existing pre-nuptial agreement.  In the case of Ipecki -v- McConnell, Morgan McConnell (the wife), was great-granddaughter of the founder of Avon Products, and Anil Ipekci (the husband) met […]

Arbitration – a sensible choice for dispute resolution

Arbitration – a sensible choice for dispute resolution arbitration-agreement

A recent ruling has demonstrated that in family proceedings, arbitration awards or orders will now be recognised and enforced by the courts, cementing the useful role that arbitration can have. Arbitration in family proceedings has been used for seven years in relation to financial matters. It is a quicker and less stressful alternative to full […]

Common law marriage – it doesn’t exist!

Common law marriage – it doesn’t exist! common-law-marriage

Many people are under the mistaken impression that there is such a thing as ‘common law marriage’ – and that cohabiting couples enjoy similar legal status to married couples, according to recent research. The British Social Attitudes Survey – carried out by The National Centre for Social Research – found that almost half of people […]

Sharing financial assets after separation and divorce

Sharing financial assets after separation and divorce sharing-financial-assets

There are a number of big decisions that need to be made when you are separating from a partner or spouse; if you are married, you will need to work out what your financial assets after separation are, and make sure that they are equally and fairly divided. How to calculate the ‘financial asset pot’  […]

Entitlement to post-separation earnings – C v C (2018)

Entitlement to post-separation earnings – C v C (2018) family-law

In C v C [2018] EWHC 3186 (Fam) Mrs Justice Roberts applied the principle which was confirmed by the Court of Appeal in the recent case of Waggott -v- Waggott. The case, which involved entitlement to post-separation income, hinged on the question;  “Is an earning capacity capable of being a matrimonial asset to which the sharing principle applies and in […]