The Consultation outlines four options for achieving shared parenting with a view to amending the existing law in section 1 of the Children Act 1989 What is the current law? Section 1 of the Children Act 1989 ("the Act") provides…
The Law Commission is to review two aspects of matrimonial finance law that entitles married couples and civil partners to claim financial provision from one another on divorce or dissolution of their civil partnership. The Law Commission will examine the…
24.11.11 The litigation department were recently successful in securing the future needs of a claimant, who sadly suffered significant injuries in a road traffic collision. The Claimant was a rear seat passenger in a car, when the driver lost control. …
This related to an Appeal heard by the Supreme Court (the highest court in England and Wales). The Supreme Court reviewed the correct approach to calculating beneficial interests in property where the legal title to the property is held in…
The main issue in this case was whether a French marriage contract (a pre-nuptial agreement) should be upheld. Facts Both parties were French. The wife was 50 and the husband 53. It was a 14 year marriage with a period…
The question of how a lottery win is dealt with by the courts in the context of divorce has recently been considered by the High Court in the case of S –v- AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637…
The Law Commission has responded to the written ministerial statement issued by the Ministry of Justice stating that it does not intend to take forward the Law Commission's recommendations for reform of cohabitation law in this parliamentary term. The Law…
Until recently where a married couple was separating, if one spouse obtained information or documents belonging to the other, rules established in the case of Hildebrand (1992) provided that copies could be retained but the originals must be disclosed to…
This was a Husband’s appeal in ancillary relief proceedings focusing on the treatment of trust assets. The Court of Appeal determined that as the Husband clearly had access to a trust fund it was appropriate to take those assets into…
The new Family Procedure Rules 2010 (“FPR”) came into effect on 6th April 2011. They consolidate the existing different set of rules and provide a single set of rules for family proceedings in the High Court, County Courts or Magistrates…