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…

201710.04

“I’ll leave it to the cats’ home !”

It’s a fact – you do have the right in law to leave your money to anyone you like – even the cats’ home – and I’m sure they would be very grateful. The problem comes when you don’t provide for certain categories of dependents who can argue they are entitled in law to receive…

201709.15

“You’re being unreasonable” “No, I’m not!” “Yes, you are!”

In May 2015 Mrs Tini Owens, 65 years of age, filed for divorce from her multi millionaire husband, Hugh Owens, 78 years of age, after 40 years of marriage. In 2016, Judge Robin Tolson QC refused her petition, ruling that her reasons for seeking the divorce were deficient, concluding that her allegations were “of the…

201708.22

Debts? Going legal ? Read this first…

If you are in business, dealing with individuals who sometimes don’t pay, you may be thinking about “going legal“.  The County Court rules relating to debt claims are due to change in October 2017 and you must be aware of the new protocol to follow or the Court will impose sanctions. You can check out…