News

A photo of a women talking in court
January 30, 2015

The New Approach Which is...

In matrimonial financial proceedings, one of the overriding principles is that both parties should make a complete disclosure of their finances, however small (or large). Two decisions of the Court of Appeal might cause...

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A teddy on its own in the toy box looking lonely
January 30, 2015

The Family Court

April 2014 saw the unveiling of The Family Court in England and Wales. The aim of the court is to rationalise and standardise the provision of family law. Gone are the separate jurisdictions of...

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January 30, 2015

Enforceable Pre Nuptial...

A recent report by the Law Commission has recommended that certain Pre Nuptial agreements which they have entitled “qualifying nuptial agreements”, should be binding upon the family law courts. To qualify the agreement must:- a) be a valid contract b) be made by deed c) contain a statement by each party that he or she

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January 30, 2015

2013 Roundup

Our regular readers will be aware of the developments which have occurred over the year but here, we summarise the main events: One Family Court After many years of separate jurisdiction, the High Court, the County Court and the Magistrates Court (Family) will become one unified court. In reality, it is unlikely that the general

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January 30, 2015

20 Years of the CSA –...

It is 20 years since the Child Support Act came into force. The Act was introduced by a Conservative government who thought that they could administer the collection of maintenance for children better and more economically than the courts. Most family law practitioners took issue with that sentiment at the time and their view has

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January 30, 2015

Do Not Believe All That You...

In our April newsletter, we considered the case of Petrodel v Prest and awaited the decision of the Supreme Court. Well, we now have the decision. It caused many of the national newspapers to trumpet that the Supreme Court had cut through the so-called corporate veil such that family courts could make Orders in respect

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January 30, 2015

Contact and the Hostile

One of the most difficult issues which occasionally taxes solicitors, barristers and the Judiciary is that of the parent who is totally opposed to contact between the children of the relationship and the other parent. Sometimes there are justifiable grounds for such a position e.g. violence, drunkenness, drug addiction etc. In other cases, the parent

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January 30, 2015

Will the Supreme Court Lift...

All law students are taught that a limited company is a separate entity in law from the person or persons who have control of it (whether as directors or shareholders). However, as with all rules, there are occasional exceptions. If one is able to establish such an exception, the phrase “piercing the corporate veil” is

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January 30, 2015

Going it Alone? Beware!

The demise of Legal Aid for most areas of Family Law work from the 1st April 2013 will almost certainly see a significant rise in the number of people who do not have the benefit of legal representation. Each case in which litigants in person are involved will invariably take longer to resolve. This is

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January 30, 2015

Plus Ca Change, Plus Ca Ne...

The Government has requested one of the country’s leading High Court Judges to review the Family Court system and to make recommendations for its improvement and future. The structure of the Family Law Courts has developed in a piecemeal and disjointed fashion over many years. It essentially comprises:- The High Court and Superior Courts of

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January 30, 2015

National Recognition of Local...

Specialist matrimonial solicitors, John Hooper and Tim Quincey, have again been recognised as leading family law solicitors in the East Midlands. They are two of only five Family Law specialists in the whole of Nottinghamshire, Derbyshire, Leicestershire and Lincolnshire, recommended in the latest edition of Chambers & Partners 2013. Chambers & Partners is the foremost

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January 30, 2015

Baroness Hale to the Rescue

The continuing absence of any form of comprehensive legislation which addresses the rights of one former cohabitee to pursue financial claims against the other has been referred to in several previous newsletters. In spite of the fact that cohabitation is fast catching and even overtaking marriage as the nations preferred choice of relationship, successive governments

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