Pension offsetting – is a consistent approach possible or even appropriate?

This paper examines the position of the courts, pension experts and lawyers in terms of their valuation of pensions for offsetting in Financial Remedy Proceedings.

Full article: Family Law

Finance and Divorce Update October 2016

Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during September 2016.

Full story: Family Law Week

Bristol court hosts ‘Mothers in recurrent care proceedings: how do we break the cycle?’

On 20 October, the Bristol Civil and Family Justice Centre hosted another informative evening event open to the public. This time the focus was on ‘Mothers in recurrent care proceedings: how do we break the cycle?’

Full article: Family Law

Does a McKenzie Friend have many real friends in the legal profession?

With government statistics confirming that in 34% of private law disputes neither party has the benefit of legal representation from either a barrister or a solicitor it is perhaps of no surprise that more litigants are relying on a McKenzie Friend.

Full article: Family Law

Family Court reform: thinking outside the witness box

Natasha Phillips suggests a solution to the system’s woes.

Full article: Family Law

Child Abduction: the Article 13(b) defence and protective measures

Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.

Full article: Family Law Week

Child Abduction: the Court of Appeal on the Article 13(b) defence

On Tuesday 9August 2016 the Court of Appeal (comprised of Macur LJ, Beatson LJ and Sales LJ) handed down judgment in the case of Re M (Children) [2016] EWCA Civ 942.

Full article: International Family Law Group LLP

The European family in crisis: the consequences of Brexit on English family law

Nicholas Bennett looks at the impact the EU has on English family law, and how this will change once the UK has left the Union.

Full article: Family Law

Closed material procedures and family proceedings

In X, Y and Z (Disclosure to the Security Service) McDonald J considered briefly at the end of his judgment the possibility of a third party seeking confidential information in children proceedings by a closed material procedure.

Full article: Family Law

A matter of life or death

The Oxford Shrieval Lecture, given by Mr Justice Baker on 11 October 2016.

Full speech: Courts and Tribunals Judiciary (PDF)

Pensions and insolvency: Horton v Henry [2016] EWCA Civ 989

Until the decision of the Court of Appeal in Horton v Henry [2016] EWCA Civ 989, there was a tension between the decided cases as to whether a bankrupt’s present entitlement to compel payment of benefits fell within the ‘income of the bankrupt’.

Full article: Family Law

Decoding settlement discussions for clients

Throughout financial negotiations everyone is aiming for the same thing: a final settlement that comprehensively deals with all the financial arrangements to be made on the divorce.

Full article: Family Law