38 results
17 Jul 2019 09:42
Discretionary trusts in divorce law - are your trust assets safe in divorce?A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court Judge ordering a potential beneficiary of a discretionary trust to pay income or capital to his or more...
17 Jun 2019 11:01
“No revolution” says the Supreme Court as it rules on defamationLachaux v Independent Print Ltd and another [2019] UKSC 27 The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or more...
14 May 2019 14:09
Discrimination claim over 1.6m divorceSally Harrison QC represented a wife who received a £1.6 million divorce settlement from her husband. Alan Moher was ordered to pay the sum in November last year, along with £1,850 a month in maintenance until he grants his wife a ‘Get’. This is the document that officially ends a marriage under more...
10 Apr 2019 15:21
Cohabiting rights extended prior to the introduction of the Marriage (Same Sex Couples) Act 2013Elisabeth Cooper represented a client in a complex case in which the other party, who was represented by Queen’s Counsel, argued that a couple who could not legally marry prior to the implementation of the Marriage (Same Sex Couples) Act 2013 could also not cohabit in a way akin to marriage, prior more...
4 Apr 2019 08:49
UK Human Rights Blog: “He tried to strangle me”Stocker v. Stocker [2019] UKSC 17 – read judgment …..the graphic opening words of today’s decision by the Supreme Court in a defamation case. The next words are equally clear and arresting: ” What would those words convey to the “ordinary reasonable reader” of a Facebook Post?” The context was a more...
3 Apr 2019 16:06
'For richer, for poorer’ – subject to pre-nuptial agreementPre-nuptial agreements are a persistent hot topic. Whether you are engaged, happily married or unhappily married, it may be a good time to talk about a pre-nuptial or post-nuptial agreement (“pre-nup” or “post-nup”). Pre-nups have a reputation for being unromantic. For many couples the concept of more...
28 Mar 2019 10:11
How does the law split the Assets of Non Married Cohabiting Couples?Antonia Halker: http://www.5pumpcourt.com/barristers/antoniahalker In the 21st Century it is very common for long term unmarried partners to cohabit, with or without children. Inevitably and sadly some of these relationships come to an end. There is often a false assumption that, on the breakdown of more...
Another false dawn?
Here we go again! The Government, in the capable hands of the aptly named David Gauke the Justice Secretary, will introduce a Bill sometime whenever to end the fault-based divorce system. This is a reference to the Matrimonial Causes Act 1973 which, in fairness, has withstood the test of time, more...
6 Feb 2019 12:16
Divorce Day – approaching your divorce with dignityJanuary is one of the busiest months for divorce. Whether it’s the pressure of spending time over the seasonal holidays together, the desire for a new start in a new year or simply the feeling that the time has come, embarking on divorce is a mammoth life decision, no matter what the reason or when more...
28 Jan 2019 16:44
West Midlands barrister’s thoughts for the Child Arbitration SchemeA leading Birmingham barrister fears a lack of awareness about the use of child arbitration during family break-ups means that people do not always have it as an option at such a stressful time in their lives. Michele Friel, of No5 Barristers’ Chambers, is the only arbitrator in the West Midlands more...
13 Nov 2018 10:51
Damian Garrido QC in successful defence of Part III financial remedy claimMrs Justice Roberts handed down judgment on 6 November 2018 in the case of NN v AS & Ors – [2018] EWHC 2973 (Fam). Damian Garrido QC (leading Fiona Hay) represented the respondent husband in successfully defending all claims by the applicant wife for financial relief after an overseas divorce and more...
1 Nov 2018 16:03
Members Ranked in Chambers and Partners UK Bar 2019We are delighted to congratulate Nigel Moore for his ranking for Employment Law, Christopher Naish, Carol Mashembo & Rupert Chapman for their rankins for Matrimonial/Family Law and Gavin Collett for his ranking for planning. Chambers are very proud of their acheivements. more...
30 Oct 2018 11:39
Magdalen Chambers are again ranked as a leading set by the Legal 500 for 2018Leading set Western Circuit Bar Magdalen Chambers has solid expertise in civil and family law; recent instructions include care proceedings and financial remedy matters. Property law cases are prominent on the civil side, however, members are well versed in commercial, insolvency and planning more...
9 Aug 2018 11:36
The Rise of Private Financial Dispute Resolution HearingsPaul Waterworth Retired District Judge, Associate at Magdalen Chambers, Exeter and Member of their Financial Resolution Consultancy In his final announcement, the recently retired President of the Family Division of the High Court, Sir James Munby, referred to a development which is playing an more...
26 Jul 2018 10:51
Mills v Mills: Meal Ticket for Life...This is a summary of Mills v Mills Spousal Maintenance – A Meal Ticket for Life? The Supreme Court has handed down judgment in the case of Mills v Mills. In the context of commentary surrounding the case referring to ‘meal tickets for life’, authorities pointing toward term orders and Private Member more...
Supreme Court rules in Mills v Mills: the end of a 'meal ticket for life'?
The Supreme Court has ruled that a divorced husband should not have to increase payments to his ex-wife after she mismanaged her finances following their split. The court today unanimously allowed the appeal of the husband in Mills v Mills, concluding that the judge at first instance had been more...
19 Feb 2018 17:32
Marital Agreements: Individual Autonomy and FairnessMarital Agreements: Individual Autonomy and Fairness There have been many significant developments in this area of the law in recent years, with a number of reported decisions dealing with marital agreements having been reported over the last year. I have had my fair share of cases involving marital more...
19 Feb 2018 17:29
Periodical Payments and NeedsPeriodical Payments and Needs Practitioners are all aware of Mr Justice Mostyn’s view in B v S (Financial Remedy: Marital Property Regime) [2012] 2 FLR 502 that periodical payments are there to meet (save in exceptional cases) needs alone but the opportunity for the Court of Appeal to consider that more...
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