Capacity and transparency: the Court of Protection and the media

Sir James Munby is well known as a promoter of transparency in the family courts, but perhaps lesser so as being equally enthusiastic with regard to the Court of Protection.

Full article: Family Law

Shares, chairs and automobiles: Montalto v Popat and Others [2016] EWHC 801 (Ch)

This case is a cautionary tale of the ‘cost and heartache’ (para [139]) that can follow the break-up of a couple who are neither married nor in a civil partnership but who together own businesses and property.

Full article: Family Law

The Brave New World of Electronic Filing at the Central Family Court

Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court's pilot scheme for electronic filing of documents will work.

Full article: Family Law Week

Part 25 Applications – The theory and the practice

Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.

Full article: Family Law Week

A clean break on divorce?

The English courts are moving away from the traditional needs-based approach to deciding spousal maintenance applications, explains Caroline Park.

Full article: Solicitors Journal

Adoption: A Vision for Change – permanency and ‘the last resort’

Adrian Barnett-Thoung-Holland, pupil barrister at Fourteen, considers how the Department for Education’s proposed four year plan may affect permanency options for children in care.

Full article: Family Law Week

Adoption targets: the good, the bad and the ugly

On 14 January 2016, the Department of Education announced a 'fundamental change to the law' that would ensure that 'courts and councils always pursue adoption when it is in a child's interests'.

Full article: Family Law

'I have nothing to declare but my genius': a consideration of special contributions in Robertson v Robertson - are such arguments dead, disguised or revived?

Practitioners will be well-versed in hearing contentions from husbands and wives in divorce proceedings as to what contributions they have each made during the course of the marriage, and therefore why they should receive their fair shares.

Full article: Family Law

Children arbitration overview

An overview of the Children Arbitration Scheme, which is being launched in July 2016.

Full article: Family Law

No child transfer to the EU under Article 15 BIIR without a best interests analysis of its effects on the child

Roger McCarthy QC and Mark Twomey, barrister, of Coram Chambers address the central point of the Supreme Court's judgment in Re N (Children) [2016] UKSC 15.

Full article: Family Law Week

Family Law Arbitration: A better way to Justice? – Lecture to the Worshipful Company of Arbitrators

Master's Lecture given by Sir Hugh Bennett, 6th April 2016, Norton Rose Fulbright.

Full article: Family Law

Context is hugely important in proprietary estoppel but does it reflect the realities of family life?

The factual background of last month's Court of Appeal's decision Liden v Burton involved the acquisition, by Ms Liden, a Swedish national, of a share in the beneficial interest of Mr Burton's home, arising from her monthly contribution, of which there was '£200 towards the house'.

Full article: Family Law

Finance & Divorce Update, April 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 March 2016.

Full article: Family Law Week

Covert Recording by Parents – Nothing to Fear but the Truth?

Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.

Full article: Family Law Week

Panama papers: advice privilege and Sharland set aside

The subject of legal profession privilege  is in the news at present: there is talk of its definition being reviewed in legislation going through Parliament, and its application to the Panama papers has raised question as to how it applies to the leaked documents.

Full article: Family Law

Mediation: construction of terms of an agreement or consent order

The recent case of Besharova v Berezovsky has things to say: firstly, to any mediator or lawyer who seeks to settle financial issues between formerly married or cohabiting couples (although Besharova specifically applies only to married couples); second, to any lawyer (or mediators) who may be called upon to draft an agreement, Tomlin order or consent orders; and thirdly, to any lawyer called upon to construe agreements or orders when they are found to be unclear.

Full article: Family Law

Presenting financial remedy ‘needs’ cases

Rhys Taylor reflects upon the conduct and presentation of a 'needs' case referred to in the  Family Justice Council 'Sorting out Finances on Divorce' Report.

Full article: Family Law

Changes to the Children Act 1989 in Wales

The Social Services and Well-being (Wales) Act is fully implemented on 6 April, and makes major changes to social services functions in Wales. This article highlights the ways in which the Children Act 1989 will be affected.

Full article: Family Law

Brexit is not in the interest of the family lawyer

Since 2001, when Brussels I regulation arrived on our shores as the first attempt to synchronise laws between EU countries, family lawyers have tended to greet each new EU convention with some hesitation and suspicion.

Full article: Solicitors Journal