From Russia with love: the latest word on Part III MFPA 1984 Claims

Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.

Full article: Family Law Week

Lump sum orders under Pt III of MFPA 1984

Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.

Full article: Family Law

‘Calling it off’ – broken engagements and who keeps what

For most couples, the words ‘Will you marry me’ result in both parties walking down the aisle. For others, that big day may never come as one party, or indeed both parties decide to ‘call it off’.

Full article: Family Law

Lack of secure accommodation – ‘blood on our hands’?

Unfortunately, many family law practitioners will have been involved in cases where an application has been made for a secure accommodation order but at the initial hearing of that application no suitable secure accommodation unit has been identified.

Full article: Family Law

Valuing pension rights on divorce

This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.

Full article: Family Law

A Week in the Life – Cafcass Legal

Jeremy Ford, Solicitor, describes the many and varied roles carried out by the team of lawyers at Cafcass Legal.

Full article: Family Law Week

Known Sperm Donor and Co-parenting Arrangements – a cautionary tale

Rose-Marie Drury, Senior Associate with Mills & Reeve LLP, considers the legal issues for parties involved in such arrangements.

Full article: Family Law Week

Divorce forum disputes: when dual nationality may not be a possibility

As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important.

Full article: Family Law

Hair Strand Testing for Cocaine

Emily James and Kate Tompkins, barristers of 36 Family, consider a new judgment in which Sir Peter Jackson affirmed, and offered guidance on, current testing arrangements.

Full article: Family Law Week

When is a financial agreement between a separating couple binding?

In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs.

Full article: Family Law

Divorce and children – is shared care a right or responsibility?

‘I know my rights’ – With that statement a family lawyer will naturally turn to s 2A of the Children Act 1989 and the presumption of parental involvement.

Full article: Family Law

Finance and Divorce Update October 2017

Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during September 2017.

Full article: Family Law Week

Revised Practice Direction 12J - Child Arrangements and Contact Orders: Domestic Abuse and Harm

Sir James Munby, President of the Family Division, has issued a revised Practice Direction 12J of the Family Procedure Rules 2010 which came into force on 2 October 2017.

Full article: Family Law

Evidence of sexual abuse in children proceedings (Pt 3)

Privilege and professional practice.

Full article: Family Law

Family: Undertakings and variations

While the Supreme Court’s decision in Birch v Birch [2017] UKSC 53 is ostensibly about the court’s power to vary undertakings, it provides useful broader guidance on the variation of family orders generally.

Full article: Law Society Gazette