Archived News from 2018

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Family/Divorce

December

Legal Article

Ministry of Justice proposal to test a 6 months wait for Divorce

19/12/18

The Ministry of Justice wants to test a minimum six-month wait for a Decree Absolute to be granted. The basis of this is that the Ministry of Justice thinks this will allow a sufficient period for most couples to consider the implications of divorce and reach a practical agreement on arrangements whilst…

Legal Article

Maintenance within Financial Remedy Proceedings

19/12/18

A wife challenged a recent Court of Appeal decision to end periodic payments from her ex-husband. The Supreme Court confirmed it's refusal for permission to appeal because the application did not raise an arguable point of law. The decision means family lawyers will have to wait for further…

Legal Article

"DIVORCE DAY": is it a Myth?

13/12/18

The first working Monday of the New Year has been dubbed "Divorce Day" by the press, as it is claimed to be the busiest day of the year for family lawyers, with unhappy couples queuing up to formally end their marriage - but is this just a myth? Whilst the idea of people queuing up to end…

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November

Forbes News

Keeping kids first helps minimise fallout from family breakdown

29/11/18

A local family lawyer is campaigning for a change in the law to reduce the fallout from divorce on children, after figures released today revealed the impact of conflict between separating parents. In a new poll, 79% of the population agreed conflict from divorce or separation can affect negatively…

Legal Article

Legal Aid Cuts and the Impact for Family Law Cases

27/11/18

The President of the Family Division of the High Court, Sir Andrew McFarlane, in an interview with  The Times  highlights the negative impact on family law proceedings because of cuts to legal aid fees. Being able to commission an expert opinion from a doctor or child psychologist for family court…

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October

Legal Article

Children's Commissioner warns of the 'Toxic Trio'

22/10/18

The media have recently reported on the Children's Commissioner's report which highlights that an estimate of 8,300 babies are growing up with issues of alcohol or substance misuse, domestic violence and mental health  - known as the "toxic trio" from their parents. Children are identified…

Legal Article

Civil Partnerships Law to Change for Mixed Sex Couples

02/10/18

Theresa May has announced that the law will soon change to allow same sex couples and mixed sex couples to both have the option of a civil partnership. At the moment, same sex couples have the choice of marriage or to enter into a civil partnership. However, mixed sex couples only have the choice of a…

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September

Legal Article

Fault-Based Divorce Could Be A Thing Of The Past

12/09/18

It is in the news again this week that Justice Secretary David Gauke is set to announce a consultation on plans for a major change to divorce laws which could see couples being allowed no-fault divorces and spouses losing the right to contest the breakdown of a marriage. The current law in England and…

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August

Legal Article

Forced Marriage: Home Secretary Vows to take Action

24/08/18

The Home Secretary has recently indicated in the media that she intends to take action over forced marriages.  Charities have warned that the Home Office has failed to protect British women and teenage girls forced into abusive marriages by granting visas to husbands abroad.  The Home Secretary has…

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July

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June

Legal Article

Facing Your Domestic Abuser in Court

29/06/18

In the Family Courts, victims of domestic abuse often have to face their abuser in Court, this can be very stressful and traumatic for them.  Katie Ghose, Chief Executive of Women's Aid has said that this can allow the perpetrator to continue abusing.  She stated that the cross-examination of victims…

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May

Legal Article

Forced Marriage, successful prosecution - jail sentence of 4 years

23/05/18

A mother who had forced her 17 year old daughter to marry a 36 year old in Pakistan in September 2016 has been sentenced today at Birmingham Crown Court.  The court concluded that the daughter had been sold for her passport.  The jury heard that the daughter had protested against the marriage however…

Legal Article

New President of Family Division

01/05/18

Sir James Munby, who is the current President of the Family Division, retires on 27 July, handing over the baton to Sir Andrew McFarlane who is a Court of Appeal Judge. Sir James Munby has seen a huge change in his time as President and a move towards digitalisation of the court system.  He has…

Legal Article

Digitisation of divorce applications

01/05/18

Outspoken Judge and President Judge Munby has said that the pilot of the digitised divorce petition has been a "triumphant success". It has been found that 13,000 hours of court staff time could be saved by applications being made online rather than paper applications.  Adam Lennon, who is…

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April

Legal Article

Are you Divorced or not Divorced - That is the question?

26/04/18

Senior Divorce Judge, Sir James Munby, has ordered Courts to apologise for the 'devastating impact' errors have had on newly divorced couples who thought they had formally separated following a series of blunders by officials.  The series of errors appears to have been made at the 11 divorce centres…

Legal Article

Is no-fault divorce the way forward?

16/04/18

Britain's top family judge, Sir James Munby has suggested that no blame divorce should be introduced for those people "trapped in a loveless marriage". According to the current law, those wishing to apply for a divorce must show that their marriage has broken down irretrievably on one of the…

Legal Article

Divorce and Finances

15/04/18

Everybody's experience when divorcing is different. It is impossible to compare a friend or relative's divorce outcome with that of your own, as circumstances will be different. However, in all divorces, how the husband and wife act could influence the settlement and how fair it is.…

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March

Legal Article

Domestic Abuse Reforms

08/03/18

Today Theresa May has launched a consultation on the Government's new domestic abuse Bill. This much anticipated draft Bill will provide for the first time a statutory definition of domestic abuse that includes economic abuse, alongside other forms of non-physical abuse. Family, Civil or Criminal…

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