What is family law? – Securing social justice for children and young people

Speech by President of the Family Division, Sir James Munby at the University of Liverpool 30 May 2018.

Full speech: Courts and Tribunals Judiciary

Surrogacy and parental orders for single parents – the ‘non-urgent’ road to change

Since May 2016, prospective single applicants for parental orders for surrogate children have waited with bated breath for the change in the law that permits them to make their applications, independent of their relationship status.

Full article: Family Law

‘Dishonesty, coercion and power’: how do social workers respond to social media criticism of care proceedings?

John Simmonds about the rising challenge that critical social media postings poses for care proceedings and the children, parents and social workers in them.

Full article: Community Care

The legal process for gender recognition

This article looks at the legal framework surrounding gender recognition and examines recent case law illustrating the approach taken by the courts.

Full article: Family Law

The Impact of the Vienna Convention on Consular Relations 1963 within Child Protection

Sian Young, Solicitor with Nottinghamshire County Council, provides guidance for practitioners.

Full article: Family Law Week

Cohabitation and the problem of proving constructive trusts or proprietary estoppel

The case of Dobson v Griffey is a timely reminder of the difficulties involved in proving constructive trusts or proprietary estoppel in cohabitation cases and the pitfalls of failing to document agreements properly or, indeed, failing to take legal advice.

Full article: Family Law

The exercise of discretion where a pre-nuptial agreement is upheld

In KA v MA (Pre-nuptial Agreement - Needs), the Family Division upheld a pre-nuptial agreement where the wife had argued that she had been subject to duress, but made a needs-based award of £2.95m in excess of the sum provided for in the agreement.

Full article: Family Law

Interim Sale of the Family Home in Financial Remedy Proceedings

Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.

Full article: Family Law Week

A Short Note on Habitual Residence: AB v CD [2018] EWHC 1021 (Fam)

Alex Laing of Coram Chambers notes Mr Justice Keehan's judgment in a 'helpful template case' for the determination of disputed habitual residence.

Full article: Family Law Week

Mediation Matters: How do we persuade more couples who attend an assessment meeting to undertake full mediation?

Mediators aren’t salespeople, but most would say that at the initial mediation information and assessment meeting (MIAM), when mediation is explained, with knowledge that in just a few meetings settlement is within grasp, the client is usually sold on the benefits.

Full article: Family Law

UK/EU Family law after Brexit: a speech to the European Parliament

Speech given by Prof David Hodson OBE MICArb to the European Parliament on 16 May 2018.

Full article: Family Law

Openness and Privacy in Family Proceedings

Sir Nicholas Wall Memorial Lecture 2018, Gray’s Inn, London - Lady Hale, President of The Supreme Court.

Full speech: Supreme Court

Daedalus, Ariadne and the Minotaur: Where are we now?

Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.

Full article: Family Law Week

Speech by the President of the Family Division Sir James Munby: the Family Bar in a Digital World

A talk by the President of the Family Division Sir James Munby at the Family Law Bar Association conference at Cumberland Lodge on 12 May 2018.

Full speech: Courts and Tribunals Judiciary

Finance & Divorce Update, May 2018

Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2018.

Full article: Family Law Week

Breaking up is hard to do: the fate of family law in post-Brexit Britain

With approximately three million EU citizens living in the UK and around one million British citizens living in other EU member states, the implications of Brexit for European couples separating or divorcing and for their families is wide-reaching and of concern to all family practitioners.

Full article: Family Law

JY v RY: An Indictment of the Impact of Legal Aid Cuts

Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as ‘the most unsatisfactory’ he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.

Full article: Family Law Week

Cohabitees’ inheritance rights – courts will decide each case on its facts

In Thompson v Ragget, the claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing.

Full article: Family Law

Ex-husband used corporate structures to conceal wealth, court rules

An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.

Full article: Out-Law.com

Family implications of a Brexit relocation to France

Couples relocating to France as part of Brexit arrangements should consider carefully in advance how the relocation will affect the arrangements between them and what steps they should take before the move.

Full article: Family Law