Blog Archives

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,

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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.

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Nomination for Family Law Awards

I was delighted to find out this week that I have been nominated for the award of ‘Family Law Chartered Legal Executive’ awarded by the judges for the Family Law Awards 2019.

 

The Family Law Awards were created to appreciate and recognise the importance of the work we do as family lawyers,

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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.

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‘Interesting Times’ ahead in 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.

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

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,

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Arbitration – a sensible choice for dispute resolution

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 blown court proceedings,

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

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 the product of which,

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Divorce reform should be pushed through – for the sake of the children

A recent poll carried out by YouGov has highlighted the fact that people are keen for divorce reforms to be implemented, to reduce the impact that divorce under the current rules can have on many people, especially children.

Resolution, an organisation of 6,500 family lawyers and other professionals who believe in a constructive,

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Separating when you have children –

The end of a relationship can be a difficult time for everybody involved, and that includes the children of the family. However, it’s much easier to make arrangements amicably between both parents than it is to apply to the court for a child arrangement order.

Unfortunately, it’s a common problem that when parents separate,

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