familylaw

Jun

2024

Court Refuses to Set Aside Divorce Order Applied for by Mistake

Written by Claire Sargant

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had...

May

2024

Relationship Status Put Under Spotlight in Divorce Case

Written by Claire Sargant

Divorce proceedings are rarely cut and dry, especially where the passage of time adds complexity to matters. This was certainly so in a recent case that required a Family Court judge to rule on the validity of a decree nisi. The case centred on the...

May

2024

Wife is Entitled to Maintenance Until Sale of Family Home

Written by Emma Gray

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple’s home should be apportioned, the Family Court agreed with...

Apr

2024

Valuable Diamond is Crux of Assets Dispute in Family Court

Written by Jayne Gregg

The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case, the question of whether or not a £2 million diamond formed part of such assets was the...

Feb

2024

Divorce – Alleged Bigamy Raised in Financial Remedies Dispute

Written by Gemma Whitchurch

The issue of bigamy and its potential impact on a person’s ability to seek financial remedies in a divorce came under the legal spotlight recently. A husband made an application to strike out his wife’s financial remedies claim on the basis that she...

Nov

2023

Financial Aspects of Divorce – Play with a Straight Bat or Pay the Price

Written by Emma Gray

When it comes to the financial fall-out from divorce, there will sadly always be those who do not play with a straight bat and think that they are clever enough to pull the wool over a judge's eyes. A High Court ruling showed how wrong they almost...

Nov

2023

Divorce – This is Why a Clean Break is Usually the Preferred Outcome

Written by Teresa Mannion

Most divorcees would, wherever possible, prefer to achieve a clean financial break so that they can regain their independence and move on with their lives. A High Court ruling provided a powerful illustration of why that is a sensible choice. The...

Oct

2023

Big Money Divorcees Pay £8.4 Million Price for Their 'Culture of Conflict'

Written by Teresa Mannion

Judges frequently impress on divorcing couples that it is in their own best interests to put conflict behind them and focus on achieving a sensible resolution. However, as a case in which a couple spent £8.4 million fighting over money and their...

Sep

2023

Overseas Divorce – Supreme Court Identifies Unjust Defect in Matrimonial Law

Written by Jayne Gregg

A woman's financial claims against her ex-husband following their overseas divorce did not survive his death. In reaching that conclusion, the Supreme Court noted that the case had exposed a defect in the law that can only be remedied by Parliament...

Jul

2023

Moving in Together? Do You Understand the Legal Ins and Outs?

Written by Jayne Gregg

Couples who move in together commonly believe that their shares in the property will reflect their respective financial contributions to the purchase price or mortgage. As a High Court ruling made plain, however, such assumptions are often mistaken...

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familylaw

Court Refuses to Set Aside Divorce Order Applied for by Mistake

Relationship Status Put Under Spotlight in Divorce Case

Wife is Entitled to Maintenance Until Sale of Family Home

Valuable Diamond is Crux of Assets Dispute in Family Court

Divorce – Alleged Bigamy Raised in Financial Remedies Dispute

Financial Aspects of Divorce – Play with a Straight Bat or Pay the Price

Divorce – This is Why a Clean Break is Usually the Preferred Outcome

Big Money Divorcees Pay £8.4 Million Price for Their 'Culture of Conflict'

Overseas Divorce – Supreme Court Identifies Unjust Defect in Matrimonial Law

Moving in Together? Do You Understand the Legal Ins and Outs?

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