201812.13

“Deeply dishonest” husband criticised by Judge for contesting divorce

The November 2018 case of VW v BH (Contested Divorce Proceedings) [2018] EWFC B68 in which a Respondent husband sought to contest divorce proceedings issued by his wife – even though he had admitted committing adultery throughout their 22 year marriage – was branded “extraordinary” and an “awful case” by the presiding Judge. Her Honour…

201812.06

Child Maintenance – Proposals for Reform

Ever since the introduction of a system to collect child maintenance payments, initially under the scheme known as the Child Support Agency (or CSA), there has been a problem with the enforcement of these payments. After 2013 all new applicants were transferred to a new scheme, the CMS (or Child Maintenance Service), with the hope…

201811.28

Divorce – Is it time for a change?

Resolution’s “Good Divorce Week” (w/c 26 November 2018) seems an opportune time to discuss the current divorce process and to ask whether it is still a good fit in today’s modern society. Resolution is an organisation of family lawyers who are committed to non-confrontational divorce, separation and other family problems. Their stance is that “fault…

201811.13

Sister imprisoned for breaching Court Order in Family proceedings

The November 2018 case of Hart v Hart* took an interesting turn when the sister of one of the primary parties was handed a three month custodial sentence. The issues stemmed from her brother’s divorce and subsequent financial remedies matter which produced a financial remedy order (or Consent Order). The terms of this order stated…

201811.06

The Myth of the Common Law Spouse

No legal myth or oft repeated “bar-room legal terminology” is so habitually repeated and has persisted for so long as the “common law” spouse. The main premise of this myth is that cohabiting couples who have lived together for a number of years will transform into common law husbands and common law wives with all…

201802.08

What does the court consider when deciding your financial needs on divorce?

When determining the division of assets during financial proceedings, the courts assess the present and future needs of both parties as part of their considerations under section 25 of Matrimonial Causes Act 1973. In high value cases, the parties’ equal shares of the capital will commonly cover and provide for their respective needs. In lower…

201712.13

Returning unwanted Christmas gifts

They do say “it’s better to give than to receive” and that’s so true at Christmas. How wonderful is it to see your loved one’s eyes light up when they open the present you lovingly chose for them……. until you both realise – it’s the wrong colour, it doesn’t fit or even worse, they already…

201711.28

Should we have “no fault” divorce?

Recent surveys indicate divorce affects more than 100,000 families in England and Wales every year. If separating couples want to get divorced before two years of separation, they cannot do so without blaming each other. They must submit a petition detailing how the other is ‘at fault’. A study led by Professor Liz Trinder, Exeter…

201711.09

“Heiress case – update”

In our last blog, we reported on the Alireza case. The Court of Appeal has now overturned a decision and ruled in favour of Saudi Heiress Hayat Alireza. (Alireza v Radwan & Ors [2017] EWCA Civ 1545) Lady Justice Gloster said: “The judge had made an order which denied this wife any recognition in the form…

201710.26

Divorce and Inheritance – Who should support the former spouse?

Achieving a Divorce settlement is always tricky but it can get even trickier when you are about to receive an inheritance or have already received one. In 2015, a High Court ruling awarded Ms Alireza from her banker ex-husband Hossam Radwan a lump sum of £2 million and the right to stay in the former…