Arbitration in family cases – the way forward?

The President of the Family Division, Sir James Munby, has endorsed the use of arbitration in financial remedy cases.

Full article: Family Law

The Law Commission proposals: A wasted opportunity, passing the reform buck and continued unpredictability for future settlements?

The English Law Commission has today (27 February 2014) published its long awaited final report and proposed draft legislation on its government prompted consultation on 'Matrimonial Property, Needs and Agreements'.

Full article: Family Law

Putting need back on centre stage: The Law Commission report on Matrimonial Property, Needs and Agreements

The Law Commission reported on 27 February 2014. It is an interesting, thorough and (at 231 pages) long document. This note by Max Lewis of 29 Bedford Row is intended to highlight the main issues that are likely to impact on practitioners, with some preliminary commentary on what the future might now hold as a result.

Full article: Family Law Hub

A work in progress

In an exclusive series David Burrows puts the new family court under scrutiny & assesses its ability to deliver justice.

Full article: New Law Journal

Reporting Restrictions and the New Transparency - Part 1

This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.

Full article: Family Law Week

The Law Commission’s Report on Matrimonial Property, Needs and Agreements

Spencer Clarke, Lawyer in the Property, Family and Trust Law Team at the Law Commission considers the Key recommendations of the Law Commission's Report on Matrimonial, Property, Needs and Agreements.

Full article: Family Law Week

Off-the-peg divorces: firms adjust to commercial reality

Winning work via loss leaders may be the way forward for large companies now clients are more discerning.

Full article: Solicitors Journal

Family courts: women and children first

Men have every right to feel disillusioned with the family courts system.

Full article: Law Society Gazette

International Children Law Update: February 2014

Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.

Full article: Family Law Week

Capacity to consent to sexual relations - where are we now?

‘When is it appropriate for society to intervene paternalistically in a decision or decisions that individuals make as to their sexual relations?'

Full article: Family Law

View from the foot of the Tower: Elephants and Barbara Streisand

"The elephant in the room relating to the current position in law ... is that trying to keep the identity of a child who has been the subject of care proceedings confidential may ultimately be very difficult." Says Andrew Pack.

Full article: Family Law

Marriage is made for Man, not Man for Marriage

Speech by Lord Wilson at the Medico-Legal Society in Belfast, Northern Ireland.

Full speech: Supreme Court

Split Hearings in Care Proceedings: a Thing of the Past?

Michael Jones, barrister of 15 Winckley Square Chambers, reviews the recent Court of Appeal judgment in S (A Child) [2014] EWCA Civ 25 and considers its likely consequences.

Full article: Family Law Week

Court of Protection Update: February 2014

Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President's guidance on transparency in the Court of Protection as well as the most important recent judgments.

Full story: Family Law Week

The view from the President’s window; run up to the family court

The most recent ‘View from the President's chambers' [10] is entitled ‘The process of reform: the beginning of the future'.

Full article: Family Law

Special contribution in Australian law

A very important decision has been handed down in a landmark full Family Court decision in Australia in respect of financial outcomes on divorce, especially affecting wealthy families.

Full article: Family Law

Family Proceedings Courts must formulate their own reasons, not be spoon-fed them

There has been a fairly widespread practice that Local Authorities have been asked by the FPC to draft Facts and Reasons in cases that are agreed, or not opposed.

Full article: Family Law

View from the President's Chambers (10)

The process of reform : the beginning of the future.

Full article: FLBA

Asaad v Kurter: The latest round in ‘non-marriage’ cases - is the tide turning?

Lily Mottahedan, barrister at 1 Hare Court, examines the court’s approach in determining whether a marriage was a ‘non-marriage or a ‘void’ or ‘valid’ in the recent High Court judgment in Asaad v Kurter [2013] EWHC 3852 (Fam).

Full article: Family Law Week

Family law in crisis

Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.

Full article: New Law Journal

When Best Interests Collide: A Protected Party, Protected Party’s Children and the Court of Protection

Sarah Phillimore, barrister of St John's Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party's children.

Full article: Family Law Week

Prenuptial Agreements Latest Caselaw: Pandora’s Box Stays Closed… at least for now

Wife fails in her challenge of a pre-nup entered into with her wealthy husband in respect of MPS and costs allowance.

Full article: Family Law Week

Finance and Divorce February 2014 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January.

Full article: Family Law Week