When and how can existing Civil Partnerships be converted to Marriage?
The latest figures available show that there are 60,454 civil partnerships currently registered in the UK. Same-sex couples who are thinking of solidifying their relationship can now choose to do so with either a civil partnership or a civil marriage, with the latter option being available since March this year. The first step towards equality […]
Read moreIs Your Ex a Facebook Fraudster?
Courts in the 21st Century have fought to keep up with the communication revolution that is social media. It has proved important for Courts to be au fait with social media sites such as Facebook, Linkedin and Twitter. News reports illustrate that Facebook has actually been a contributory factor in many divorces and that it […]
Read moreThe New Family Court and justice reforms: ‘A Hotch Potch or a Cultural Revolution’?
The Children and Families Act 2014 came into force yesterday which heralded the birth of the new Family Court as part of the family justice system reforms. The far-reaching reforms are intended to create a more efficient family justice system. The changes are designed to offer more support to parents and place children at the […]
Read moreEvery dog has its day!
A dog is for life Family lawyers have seen an increase in dog custody battles in recent years. The saying a ‘dog is for life’ does not sit easily with the fact that the life of a dog outlives the average marriage or relationship. This means that more and more couples are faced with the […]
Read moreMarriage at Midnight!
Saturday 29 March 2014 was a historic day for Britain as same-sex marriage was finally legalised, marking a new era of equality. Several couples across Britain were ready to say their vows the moment the law changed, seconds after the clock struck midnight, vying for the much coveted title of being the first same-sex marriage in […]
Read moreThe Impact of the Budget on Divorcing Couples?
How do the 2014 Budget changes effect divorcing couples? Firstly, couples who are divorcing or separating with a jointly owned home will need to pay attention to the 2014 budget changes in respect of Capital Gains Tax (CGT). The change in the rules will have an impact on the spouse who moves out of the […]
Read morePrenups to be made binding?
The long awaited report from The Law Commission in relation to prenups is finally available and as we had been expecting for some time the recommendation is that prenups should be made legally binding, subject though to certain legal safeguards. In essence a prenup enables parties to agree the terms of their divorce before they […]
Read moreIt’s Judgment Day
On Monday 3 February, new Guidance came into effect which aims to improve public understanding and confidence in the Family Court system by increasing the number of Court judgments which will be published. Sir James Munby, President of the Family Division, has issued the Guidance in respect of the Family Courts. There are also similar provisions […]
Read moreOur marital home is haunted…
In a divorce case with modest assets, financial matters will often focus primarily upon the matrimonial home. In a situation where the desire is to stretch one home into enough capital to buy two, or where one party wishes to purchase the other’s share in the home, the value of that home can be very […]
Read morePension sharing update – What happens when a transfer value is miscalculated by the pension provider?
In 2010 Mrs McNicholas was divorced from her husband. During the financial proceedings information was obtained about the value of his pension. Mr McNicholas’s financial advisor wrote to Scottish Widows http://www.scottishwidows.co.uk/ requesting “a transfer value for divorce purposes” which is normal practice. In reply Scottish Widows stated that the value of his pension in relation […]
Read morePetrodel – A closed road and a broken down car to evading divorce settlements?
In October 2012 the Court of Appeal gave its decision in the Petrodel Resources v Prest case. The companies had successfully appealed an earlier decision when the Wife was awarded £17.5 million upon her divorce. Moylan J had initially decided that he could make Orders directly against the Husband’s companies and Ordered that eleven London […]
Read moreWho will benefit from the CSA’s new “gross income scheme”?
For many years the Child Support Agency (CSA) have based their assessments upon the “non-resident parent” paying a percentage of their net income. That percentage has been 15% for one qualifying child, 20% if there are two children and 25% for three children or more. That figure is then reduced by 1/7th for each night […]
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