Marilyn Stowe Blog

Archive for the Law Commission tag

Judge brands property law unfair on cohabiting couples

A senior judge has branded property laws “harsh” and “unfair” on cohabiting couples.

Pamela Curran told the Court of Appeal that she was “absolutely stripped of everything” when a 30 year relationship ended and a court ruled that she had no right to a share in the

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Matrimonial property proposals could make settlements harder, say barristers


The Family Law Bar Association (FBLA) has criticised the Law Commission’s proposals for reform of laws defining matrimonial property in divorce, saying they could make settlements more difficult to achieve.

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Law Commission considers ‘cookie cutter’ divorce options

The Law Commission is considering a new system for calculating divorce payouts which would be based on mathematical formulae.

The system would use such factors as the length of the marriage, differences in income

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The Law Commission comes to Leeds!

Solicitors, barristers, judges and students all descended upon the University of Leeds yesterday. The Law Commission’s high-profile consultation on family law reform had come to the city for a special event hosted by Stowe Family Law.

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Non-matrimonial property: what is it, and why is it under scrutiny?

The phrase non-matrimonial property is used in financial remedy cases. Let’s take a look.

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Yes Minister: are policitians right about divorce reform?

Today I would like to share a few of my thoughts in relation to the exercise of judicial discretion in obtaining a financial remedy on divorce or dissolution of a civil partnership, in light of the of the Law Commission’s supplementary consultation on needs and non-matrimonial property.

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The Law Commission opens its consultation on needs and non-matrimonial property

Today the Law Commission opens its supplementary consultation on needs and non-matrimonial property.

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Gow v Grant: the Supreme Court rules on cohabitation

The Supreme Court has delivered its eagerly-awaited judgment in the Scottish case of Gow v Grant. One interesting point is the emphasis on the fair and reasonable - even for cohabiting couples.

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An eventful week: wedding preparations, a wardrobe malfunction and returning to Oxford

Last week began with a cautionary tale and ended by proving the point! It began on Monday with my sister, Aunty Doo Doo, and I going shopping in Harrogate, for her "Mother of the Bride" outfit. Her daughter Abby is soon getting married to Jonny and excitement is mounting!

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What role for the law? The government’s response to the Family Justice Review

The Government Response to the Family Justice Review, which was led by accountant David Norgrove and an almost exclusively child-focused committee, was published this week. Most of the report’s recommendations were, as expected, accepted.

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Death and the unmarried couple: what happens to the house?

What happens to the estate of a person who dies intestate? I know about the injustices that can occur. A few years ago, a man for whom I acted in his divorce bought a property with his new partner. This is her story.

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What Prenuptial Agreements mean for The First Wives Club

Lord Justice Munby, the chairman of the Law Commission, who also sits as a judge in the Court Of Appeal (and was one of the judges in Imerman), made a very wise observation last week.

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"Prenups and the law are an uneasy marriage"

Over the past few years, prospective brides, grooms and their parents have come to see us in increasing numbers to ask about prenuptial agreements. Some are wealthy, some are superwealthy and others are not wealthy at all.

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Justice with Courage: doing the legal laundry

What a week I’ve had. It began with a trip to Sheffield in South Yorkshire, where I noticed that the motto emblazoned across the South Yorkshire Police Headquarters building is Justice with Courage. What a cracking phrase that is! It uplifted me, …

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Prenuptial agreements: a waste of time and money?

This week’s edition of The Sunday Times carried a lurid headline, “An end to the goldmine divorce”, with accompanying pictures of the heiress Katrin Radmacher and her former husband Nicolas Granatino.  The latter couple’s spectacular and …

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Why I disagree with Baroness Deech and her views on cohabitation

Today I appeared on BBC Radio 4 Woman’s Hour in a debate with Baroness Ruth Deech about the subject of cohabitation.

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Rights for cohabiting couples: how far will the government dare to go? By guest blogger Isabel Thornton

I have a personal interest in the Law Commission’s proposals to revamp the law for cohabiting couples, which would give cohabitees the same rights on death as married couples. As a cohabitee of almost six years, who has only recently agreed to …

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Tepid welcome for Law Commission's review of intestacy laws for cohabitants

Tepid welcome for Law Commission’s review of intestacy laws for cohabitants 3 November 2009 Cohabitants who have lived together for more than five years could be given the same rights on death as married couples under plans unveiled by the …

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Coping with divorce, part two. Fight your demons.

In the last post about coping with divorce, I wrote about how distressing the divorce process can be and how, to emerge whole at the other side, it is vitally important to do whatever it takes to keep your mind in shape. This post is a cautionary …

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Pre-nups and politics: Dear Prime Minister…

An open letter to Rt Hon Gordon Brown MP, Prime Minister. Dear Prime Minister, Joshua Rozenberg interviews the Chairman of the Law Commission in today’s Daily Telegraph. Three family law matters are touched upon: reform of ancillary relief …

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Cohabitation v remarriage: what's a breadwinner to do?

Proposed legal rights for cohabitants have one reader reaching for the panic button. As regular readers are aware, I hold strong views about the Government’s reluctance to introduce new legislation for cohabiting couples. I believe that …

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Cohabitation and our cowardly lawmakers

Cut the red tape: why won’t politicians help cohabiting couples? I saw Baroness Thatcher on TV three times this weekend. I saw her twice on the Spitting Image reruns and laughed at the satirical takes on the absolute power she wielded over …

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Marilyn Stowe’s new book: expert advice on all aspects of divorce, for just 99p!

divorce-book

Divorce & Splitting Up by Marilyn Stowe is the essential how-to book for anyone who is getting divorced or splitting up from a partner. Read more >>

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"This will answer your questions in a way that non-lawyers can understand." - Miss P.

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Marilyn’s Thought For The Day

Sometimes I wonder if men and women really suit each other. Perhaps they should live next door and just visit now and then.

- Katharine Hepburn

Awards

UK Blawg Awards 2010

About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.

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Note

All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.

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