Oklahoma divorce bill to penalise spouse ‘at fault’

February 25, 2017 0 comments

family law

A proposed piece of legislation in the south-central state of Oklahoma would significantly penalise those found ‘at fault’ in a divorce. The bill stipulates that if one spouse can prove the other is at fault they will automatically be awarded 75 per cent of the marital assets. This would apply to all divorces except those…

Continue reading…

High Court rejects devout Muslim’s divorce claims

February 24, 2017 0 comments

family law

The High Court has rejected a devout Muslim man’s claim that he cannot divorce in the UK. He had insisted that because he and his wife married in Pakistan under Sharia law a divorce could only be approved in that country. The man made this argument after his wife, a dual British and Pakistani citizen,…

Continue reading…

Discrimination, two new statutes and more

By:

February 24, 2017 0 comments

family law

A week in family law A couple who had their one-week old child removed from them by the local authority while still in the hospital maternity ward had their human rights breached, the Family Court has held. The local authority, Kirklees Council, received a referral from the maternity ward which raised concerns about the parents’…

Continue reading…

Harriet Harman: ‘stop talking about marriage’

February 24, 2017 2 comments

family law

Former deputy leader of the Labour Party Harriet Harman thinks politicians should stop talking about the importance of marriage. In a column for general interest magazine Prospect, the MP for Camberwell and Peckham wrote that it was time to “change the discussion … when it comes to families”. It is not surprising that politicians talk…

Continue reading…

Violence against women bill reaches third reading

February 24, 2017 1 comment

family law

A bill requiring the UK government to ratify the so-called ‘Istanbul Convention’ will reach its third stage in the House of Commons today. The Council of Europe Convention on preventing and combating violence against women and domestic violence is commonly referred to as the Istanbul Convention because it was launched in the eponymous city in…

Continue reading…

Domestic violence cross-examination in the spotlight

February 23, 2017 3 comments

domestic violence

The government has published a new draft bill which would ban the cross-examination  in court of domestic violence accusers by their alleged attackers. The Prison and Courts Bill was introduced today by Justice Secretary Liz Truss. Its various provisions include measures to address this controversial practice, which persists in family courts despite being prohibited in…

Continue reading…

In praise of short judgments

By:

February 23, 2017 1 comment

family law

One of the central strands of the drive towards greater transparency has been encouraging the media and others to read law reports, in order to get an accurate picture of what the court decided, and why. Long-time readers will recall that back in January 2014 the President of the Family Division Sir James Munby issued…

Continue reading…

Online divorce project ‘on hold’

February 23, 2017 0 comments

online, family life

Development of an online mediation system for divorcing and separating couples in the UK has been suspended. Once completed, the site will offer advice and information on the various aspects of relationships ending and enable users to proceed as far as legally binding agreement if they wish. It was inspired by a similar system used…

Continue reading…