Family Law

Miss Curran was in a relationship with Mr Collins for 30 years and is now left penniless following a recent decision of the Courts. Pamela and Mr Collins had worked together in the family kennels and cattery business operated from the family home. However, the family home was bought in the sole name of Mr […]

The Children’s Minister, Edward Timpson, has proposed a shake up to the Law which would give Fathers an automatic ‘right’ to spend time with their children unless they are likely to harm them. It is understood that the Prime Minister is also supportive of the proposals and that the law may be altered next year. […]

The Court of Appeal has this week given it decision in the Petrodel Resources v Prest case. The Husband in the case was an oil tycoon. His Wife was awarded £17.5 million upon their divorce. Moylan J decided that he could make Orders directly against the Husband’s companies and Ordered that eleven London properties held […]

A major new review by the Law Commission has suggested that divorce settlements should be settled according to a mathematical formula to avoid time-consuming and costly disputes. The Law Commission has criticised the current legal framework for creating too much uncertainty and inconsistency. At present the starting point for the Court, in considering a financial […]

At Blacks we like to keep up to date with Family Law developments in other countries. Sometimes this can give an indication as to how the position may develop in our jurisdiction in the future, for example the enhanced rights of cohabitees in Scotland and whether this will finally result in a much needed change […]

In March 2012, a public consultation was launched by the Home Office setting out the government’s proposals for same sex couples and civil marriage. The main proposals of the consultation were: To enable same-sex couples to have a civil marriage (in a register office or approved premises, for example, a hotel). No changes to be […]

The scheme Clare’s Law is to be piloted in 4 areas. The scheme will allow a person to ascertain from the Police whether their partner has a history of domestic violence. The proposed legislation follows the campaign launched by the father of Clare Wood who was murdered in February 2009 by George Appleton whom she […]

A legal duty may be placed on Courts to ensure that both parents are given access to children in divorce settlements under new plans being drawn up by the Government. These plans are said to be supported by Deputy Prime Minster, Nick Clegg and Welfare Secretary, Iain Duncan Smith. The most common outcome in the […]

The government hopes that most separated couples will in future be able to agree child maintenance directly between them but there will always be cases when that is not possible. Proposals for the new statutory child maintenance scheme have therefore just been published which attempt to address failings with the current system. The new scheme […]

On 6 September the government announced that during this current parliamentary term it would not take forward the Law Commission’s recommendations for reform of the law that applies to cohabitants when they separate. Many clients wrongly believe that if they have lived together for a certain period of time but have not married that they […]

The long awaited decision of the Supreme Court in Jones v Kernott [2011] UKSC 53 has finally been released today. This case illustrates the continuing uncertainly that continues to surround cases involving unmarried couples who separate. If a married couple split up and they own a property jointly or in one party’s sole name the […]

Despite receiving severe and repeated criticism in the past it has recently been reported that the CSA have collected or arranged a total of £1,159.6 million from June 2010 to June 2011. The Courts have imposed  suspended prison sentences on more than 1,000 parents who refused to pay child maintenance during 2010 to 2011. A […]