Mediation: a better route to a good settlement?

The Family Mediation Council decided at the beginning of 2017 to put out three questions for consultation.

Full article: Family Law

The award of damages to enable surrogacy

Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen's and Knowsley Area Health Authority, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust.

Full article: Family Law

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan)

Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham.

Full article: Family Law

Preventing elderly financial abuse

Elderly financial abuse is a crime that takes place behind closed doors.

Full article: Family Law

Can the court order global maintenance?

This article considers the global maintenance order, the judicial workaround whereby, in a case where the CMS had jurisdiction to make an assessment but had not already done so, periodical payments are ordered to cover both spousal and child maintenance, to be reduced pro tanto by any later child maintenance assessment.

Full article: Family Law

Divorce: valuation of business assets and tracing hidden assets – the key facts

Seven key facts regarding valuation of business assets and tracing hidden assets.

Full article: Family Law

Plus ca change? A review of family law in 2017 & a look forward to 2018

Reform is a now a feature of the family justice system – Geraldine Morris asks whether the underlying issues are being addressed?

Full article: Family Law

Bitcoin, blockchain and smart contracts: consequences for family law in the not too distant future

Byron James considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.

Full article: Family Law Week

The adoption debate

With influential voices questioning the scale and nature of adoption in the UK, Damian Woodward-Carlton looks at the question, raised by Lord Justice McFarlane, whether the current model is the right one.

Full article: Counsel Magazine

The impact of acrimonious family breakdowns on children

It is perhaps unsurprising to learn that children who grow up in a family where their parents’ relationship is acrimonious are frequently susceptible to significant mental and emotional harm.

Full article: Family Law

The process for Jewish and Muslim women seeking a divorce

The Islamic Sharia Council and the Jewish Beth Din provide private, faith-related dispute resolution in a non-legal setting.

Full article: Family Law

Is the Smith case a step forward for the rights of cohabitees?

The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith v Lancashire Teaching Hospitals NHS Foundation Trust.

Full article: Family Law

Re M (A Child) (2017) Court of Appeal (Civil Division)

The Court of Appeal decision in Re M (A Child) (2017) has confirmed that for the purpose of conducting an assessment under the Adoption and Children Act 2002 s.42(7), a local authority are not confined to the period after the adoption application has been made; it can include periods before the application.

Full article: Park Square Barristers

International cohabitation: mi casa, tu casa?

As the law in England and Wales, and many other countries, does not bestow the same rights upon cohabitees as it does married couples, cohabiting couples are left at risk should their relationship come to an end.

Full article: Family Law

Adoption and fostering are not the only options. It’s time to invest in kinship care

It’s a struggle to get vulnerable children adopted. Their relatives should be offered funding and practical help if they can provide homes.

Full article: The Guardian

Unreliable forensic toxicology tests – next steps

The Ministry of Justice has announced that it is treating some hair strand test results as potentially unreliable. Maud Davis, partner at TV Edwards LLP looks at what this could mean for proceedings involving children where there was a reliance on hair strand testing, and suggests next steps for family practitioners advising in this area.

Full article: Family Law

Finance and Divorce Update, December 2017

Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.

Full article: Family Law Week

The husband, his wife and his mistress: sharing the marital pot

In the context of the present discussion about reform of cohabitation law, a case decided by the Australian Court of Appeal provides a salutary lesson of problems which can arise.

Full article: Family Law

Unregistered marriages – time to register calls for law reform?

Planning a dream wedding can be hugely stressful at the best of times. At the worst of times, however, the dream can turn to a nightmare for some Muslim women who may later realise that their marriage is not recognised as valid under English law.

Full article: Family Law