Financial Remedy & Divorce Update, December 2019

Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2019.

Full article: Family Law Week

One act, two regimes: why?

On the thirtieth anniversary of the Children Act, Anarkali Musgrave of Coram Chambers considers the differences of application in public law and private law.

Full article: Family Law Week

Judge’s interactive drama shines compassionate light on closed world of family court

Collaborative theatre production by senior family judge highlights need for early help and lack of aftercare for parents who lose their children to care proceedings.

Full article: Community Care

ALI V BARBOSA[2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case

In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.

Full article: Becket Chambers

A 'fair hearing' in the family court includes the judge creating the appropriate atmosphere

Maria Scotland discusses the right to a fair hearing.

Full article: 5SAH

Civil Partnerships – A new inequality created by the correction of an old one?

Civil partnerships are now to be open to all but the solution of that problem has led to another - while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.

Full article: 5SAH

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements

Earlier this year the conflicting authorities of Bhusate v Patel and Cowan v Foreman and others cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975.

Full article: Becket Chambers

Fraudulent Calumny: Poison in the Ear

Fraudulent calumny is a ground (alongside a lack of due execution, lack of testamentary capacity, lack of knowledge & approval and undue influence) for impugning the validity of a will once the testator has died.

Full article: Family Law

A Modern Day Jarndyce; or, Keeping it Simple: Read v Panzone & Anor [2019] EWCA Civ 1662

The Court of Appeal recently gave judgment in Read v Panzone & Anor [2019] EWCA Civ 1662, an appeal concerning s37 of the Matrimonial Causes Act 1973.

Full article: Class Legal

Domestic Abuse Perpetrator Programme & Practice Direction 12J

Recently I have been involved in some cases where an abusive father has been referred to the DAPP (or the Domestic Violence Perpetrator Programme, as it used to be known).

Full article: Park Square Barristers

Siblings in care proceedings

'I’d like a sibling assessment too, please' are words usually accompanied by a roll of the eyes as the already stretched social work team tots up the extra work involved.

Full article: Parklane Plowden Chambers

Some Further Thoughts on Pre-Nuptial Agreements

Further to my previous article on pre-nuptial agreements, I have recently had cause to consider the overlap between the various possible vitiating factors, particularly undue influence and legal advice.

Full article: Becket Chambers