The pension split: unfair shares?

Focusing on the short-term financial needs of clients on divorce can often be to the detriment of their longer-term financial security—but are family lawyers prepared to engineer the drive towards fairness & a pension sharing revolution?

Full article: New Law Journal

R-B (A CHILD) [2019] EWCA Civ 1560

Successful appeal against care and placement orders made at an IRH as the judge made inappropriate comments which caused the mother to change her position and because the judge failed to give a proper, fully-reasoned judgment.

Full article: Family Law Week

Open justice ‘victory’ revisited

Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.

Full article: Family Law

Cohabiting with a partner: protecting assets

With the number of cohabiting couples continuing to increase, how can lawyers advise those those who choose to move in together protect their assets in the case of a breakup?

Full article: Family Law

NRPF: The crisis facing the children of migrants

Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.

Full article: Family Law Week

Battle between stepsisters in 'who died first' dispute comes to an end

Scarle James Deceased, the Estate of v Scarle Marjorie Deceased, the Estate of [2019] EWHC 2224 (Ch) (13 August 2019).

Full article: Family Law

Service by Whatsapp?

In a recent dispute between cohabitees, the court has upheld an order that a claim form could be served on a defendant out of the jurisdiction by way of a Whatsapp message.

Full article: Family Law

Financial Remedy Update, September 2019

Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.

Full article: Family Law Week

Moher v Moher [2019] EWCA Civ 1482: is there an obligation on the court to quantify undisclosed wealth when making findings of adverse inferences?

The case concerned an appeal of the decision where, on the basis of H’s non-disclosure, the first instance judge awarded W £1.4 million of the parties’ £1.7 million visible assets. H’s principal argument was that the court should not have made the award because it had failed to first evaluate the scale of the undisclosed assets. The Court of Appeal found that the court is not obligated to quantify assets before drawing adverse inferences; while quantification is desirable it is not always possible or proportionate.

Full article: Class Legal

Divorce and Capital Gains Tax: the basics

Tax can often be quite low down the list of priorities as something to think about during a relationship breakdown.  However, in all but the most straightforward of cases, taking tax advice at an early stage is highly recommended.

Full article: Family Law