Category Archives: Family Law

Fact-finding hearings and Practice Direction 12J

In circumstances where a child’s parents have separated and they are unable to reach an agreement about the arrangements for the child, either party may decide to apply to the Court for a Child Arrangements Order.  A Child Arrangements Order … Continue reading

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Not-quite-death knell for joint lives maintenance

Just when family lawyers thought that we were out of joint-lives maintenance orders, a recent case has brought us back in. In Quan v Bray [2018] EWHC 3558 (Fam) , heard in the latter stages of 2018, Mr Justice Mostyn … Continue reading

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‘Christmas Day becomes Divorce Day’

As 2018 drew to a close and people celebrated the start of a New Year, others began the divorce process as it was revealed that a total of 455 applications were made between Christmas Day and New Year’s Day. 26 … Continue reading

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Parental responsibility and your child’s education

If your child is approaching school age and needs to start school in September 2019 you need to complete your application for their place at a primary school soon (the deadline for admissions being 15 January 2019). But what if … Continue reading

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Modernising the court’s approach to Financial provision on Divorce

On 23rd November the House of Lords will hear the committee stage of the Divorce (Financial Provision) Bill. The law regarding financial provision on Divorce remains subject to a statute which is now 45 years old (Matrimonial Causes Act 1973). … Continue reading

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Addressing the ‘imbalance’ – Civil Partnerships for heterosexual couples

Theresa May, the Prime Minister has announced today that heterosexual couples in England and Wales will soon have the choice of a Civil Partnership stating that by “extending civil partnerships, we are making sure that all couples, be the same-sex … Continue reading

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Is this finally the end of the blame-game in divorce?

The UK government are set to announce a consultation on ‘no-fault divorce’ as Justice Secretary David Gauke described the current system as creating “unnecessary antagonism” following the case of Owens v Owens. It was reported that David Gauke now plans … Continue reading

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The continuing myth of the Common Law Marriage

It is a widespread misconception that there is such thing as the ‘common law marriage’ with many people believing that if they are in a long-standing relationship, often with children involved, they will begin to acquire the same rights as … Continue reading

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A Crackdown on the Way for Can’t pay? Won’t Pay! in Divorce

Are the government about to reform enforcement measures for family financial orders? The Law Commission has previously published a report recommending various proposals aimed at making it easier to enforce family financial orders. The summary of the Law Commission report … Continue reading

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Supreme Court rules Wife has to stay in loveless marriage

Today, the Supreme Court (the highest Court in England and Wales) has decided that Mrs Owens has to stay married to her husband. Mrs Owens has been seeking a divorce for 3 years. Mrs Owens’ journey Mr and Mrs Owens … Continue reading

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