Family Division President warns of accidental bigamy

April 25, 2018 0 comments

family law

Family Division President Sir James Munby has warned that an unspecified number of recently issued divorce decrees may not be legally valid. In guidance published this week, he warned that “very recently a number of cases have been brought to my attention where decrees nisi and absolute have been granted” in violation of the Matrimonial…

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Resolution bangs the drum for no fault divorce

April 20, 2018 0 comments

family law

Family law organisation Resolution has repeated its long-standing call for the introduction of no fault divorce at its National Conference in Bristol. Members highlighted the imminent arrival at the Supreme Court of the much-discussed Owens v Owens case, in which the eponymous Mrs Owens was refused a divorce on the grounds that she had failed…

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Interim orders for the sale of property by Lesley Smythe

April 19, 2018 1 comment

finances and divorce

It has been a long-standing principal of family law legislation that the courts cannot usually make an order for the sale of a property until proceedings have concluded. However, it is becoming increasingly common for lawyers to conclude that particular cases might benefit from such ‘interim’ orders. Here are some examples: Where the matrimonial home…

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Marital property: England v Italy by Lidia Fili Aicardi

March 30, 2018 1 comment

marital property

Lidia Fili Aicardi is a trainee solicitor at Stowe Family Law. She has an Italian background and in this special feature she compares the legal concept of ‘marital property’ (assets acquired or owned by a married couple) in Italian and English law.   The concept of marital property is an elusive one, and the definition…

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Who pays the school fees if Mum and Dad divorce?

January 29, 2018 3 comments

children, family law

TV Presenter Nick Knowles is perhaps best known for hosting long-running BBC show DIY SOS, although he has been the face of a long list of other shows as well. He and estranged wife Jessica Moor, who only married in September 2012,  are now locked in a “ bitter divorce battle”, the Daily Mail reports,…

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Silly season

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January 2, 2018 3 comments

family law

I thought that the expression ‘silly season’ referred to the period in high summer when there was so little news about that news outlets had to come up with various ‘silly’ stories to fill their publications. However, it seems from some of the things I read last week that the term can just as well…

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Is your marriage really registered? By Sarah Jane Lenihan

December 16, 2017 1 comment

marriage

Since working in London I have been consulted by a number of clients who have undergone solely religious marriages that were never been officially registered, only to find out later, when the relationship breaks down, that the marriage is therefore not legally recognised. The ceremonies in question took place in England. The legal situation with…

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Tigers, tsunamis and trusts: lessons from Quan v Bray

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June 26, 2017 0 comments

finances and divorce

The Court of Appeal’s judgment in Quan v Bray & Others, handed down on 16 June, contains important lessons, not just regarding the central issue of nuptial settlements, but also regarding the conduct and management of litigation. I suspect that many non-lawyer readers may be unfamiliar with the term ‘nuptial settlements’, so I thought I…

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