Archived Legal Articles from 2017

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Adultery and Divorce


The recent BBC drama Doctor Foster shone a light on the ugly side of divorce.  Having exposed her husband's betrayals in the finale of series 1, this series showed how the spouses' destructive behaviour towards each other drove their 15 year old son to desperate measures. Below are 5 common myths…

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Is there hope for a No Fault Divorce?


Resolution are the forefront of a campaign for a "no fault divorce" in Engand and Wales and have now been instrumental in assisting Mrs Owens being granted pernission to appeal to the Supreme Court. Mrs Owens in 2015 petitoned for divorce against her husband and relied upon his 'unreasonable behaviour…

Decision based on financial remedy proceedings over-turned


The Supreme Court, on 26th July 2017, in the matter of Birch v Birch, over-turned the decision of a lower court in relation to the ability to 'vary' an undertaking that had been made in financial remedy proceedings. An undertaking, commonly used within family proceedings, is a formal promise to the…

"Dear Sam"....touching letter to boy, 14, by High Court Senior Judge


Family Court proceedings can be an emotional and difficult time for families, especially the children involved.  A High Court Judge informed a 14 year old boy, by writing to him direct, explaining how he had reached his decision that he must remain in his mother's care. Referring to the child using…

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New Style Divorce Petition to be Introduced on 7 August 2017


On the evening of 17 July 2017, the Family Legal Professional advised that there would be dramatic changes to the style of the Divorce Petition when issuing Divorce Proceedings.  The new style Divorce Petition will come into effect on 7 August 2017 however, there will be a transitional period to allow…

Landmark Ruling - Equal pension rights for same-sex partners


Mr. Walker entered a civil partnership in January 2006 which was later converted into a marriage.  Mr. Walker's employer refused to pay a full spousal pension on the basis that his service began before the Civil Partnership Act came into force. This meant that under the current law Mr. Walker's…

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Should divorce be kept separate from financial battles?


President of the High Court's Family Division, Sir James Munby, has proposed that the process of obtaining a divorce should be kept separate from determining financial settlements. His suggestion is aimed at reducing the pressure within the family courts, stating that the majority of a judge's time is…

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Equal division of assets remains the starting point


Courts have awarded the estranged wife of a former oil and gas trader £453m in what is thought to be one of the largest divorce settlements awarded in the UK. The couple had been married for just over 20 years having met in Moscow in 1989.  The husband tried to argue that the marriage had ended…

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Divorce and the financial impact


The most daunting aspect for couples once they decide to go ahead with a divorce is the impact of finances. Consideration needs to be given to the methods that are available and to talk through financial issues in order to reach the best, fair and desirable financial settlement. Financial issues are…

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Important reminder that Maintenance Orders can be varied


15 years after divorce and a sealed, binding Court Order, Mrs Mills makes an application to the Court for an increase in her spousal maintenance.  Mr Mills argued that at the time of the divorce, he had provided his Wife with £230,000 lump sum and £1,100 per month in spousal maintenance. …

A final financial settlement order is made 10 years after divorce


There was a decision made by a Judge in the case of Glen Wiers who now has a multimillion pound fashion empire. A final financial settlement order is made 10 years after divorce.  It is reminder to all, that once Decree Absolute is pronounced, it is important that financial matters are also resolved…

Landmark Ruling - Unmarried Woman entitled to late partner's pension


A woman was denied access to her late partner's work pension, because they were not married. Denise Brewster had argued that she was a victim of discrimination and took her case to the UK's Highest Court.  The Supreme ruled in her favour on Wednesday 8 February 2017. The legal argument run was that…

Domestic abuse victims to be offered more protection in the Family Courts


The Family court will be making changes ending the presumption that there should be "contact in all cases" when involvement of a parent would put the child or other parent at risk of suffering harm from abuse. Mr Justice Cobb has produced a report that sets out the amendments to the current practice…

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Does your relationship still have life, or is it coming to an end?


As it comes to the New Year and January, most people make a New Year's resolution. Often after a tension filled Christmas, people decide whether or not their relationship is still worth continuing with.  January is referred to as "D Day", being one of the most common months that people…

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