Tag: family law

5 essential legal tasks to carry out during a divorce

5 essential legal tasks to carry out during a divorce family law image - road to divorce, rural road with divorce written on it

Going through separation and divorce is always a difficult time, but there are some things you can do which might make the process smoother. Here are the five essential tasks you need to carry out when you decide on a divorce. The new no-fault divorce procedure removes the need to prove that the marriage has […]

Final report received from family courts working group

Final report received from family courts working group working group legal professionals

  The final report from the working group set up by the President of the Family Division, Sir Andrew McFarlane, to look at the issues around medical experts in the family courts has now been published. Mr. Justice Williams was appointed to chair the working group, with representation from the legal profession, Royal Medical Colleges […]

Divorce, Dissolution and Separation Bill reintroduced

Divorce, Dissolution and Separation Bill reintroduced Divorce, Dissolution and Marriage Bill illustrated by signing papers

After the original Divorce, Dissolution and Separation Bill was shelved during the proroguing of parliament and general election of 2019, it was reintroduced into parliament on 7 January 2020. The Bill, which has been designed to put an end to the ‘blame culture’ that surrounds divorce, was one of several to be shelved at the […]

Cohabitation Rights – still a long way away

Cohabitation Rights – still a long way away Couple holding hands - cohabitation rights for Gillbanks Law

Family lawyers have been eagerly awaiting new legal cohabitation rights for couples for some time now, but despite the introduction of the Cohabitation Rights Bill to the House of Lords in March 2019, so far there has been little progress in this complicated area of law. Cohabitation is now the fastest growing family type in […]

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 […]

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 […]