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John Boon
 

No-Fault Divorce Law introduced in England and Wales

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The introduction of no-fault divorce in England and Wales has now arrived after over 30 years of campaigning by some family lawyers and other campaigners. Up until now the rules in England and Wales meant that anyone who wanted to divorce or end their civil...

No-Fault Divorce Law delayed until 2022

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It emerged last week that, despite the legislation having passed through Parliament a year ago, the planned reforms to the Divorce System in England and Wales, which were due to be implemented this Autumn, will now be delayed until at least 6 th April...

Social Media, Electronic Communications and Family Proceedings

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The recent outbreak of Covid-19 and the restrictions which have been put in place by the Government mean that a large number of us are spending more time on social media platforms, such as Facebook, Twitter and Instagram, and using electronic forms of...

Are the courts still open to deal with applications for children law matters?

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In short, the answer is an emphatic yes. Not only are the courts still open, but the coronavirus situation is accelerating the pace at which the online court website is being designed and made available. A new service has been launched this week...

Can you obtain a financial order in England and Wales after an overseas divorce?

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The Matrimonial and Family Proceedings Act 1984, Part III, enables people to apply to courts in England and Wales where there has been an overseas divorce and no, or inadequate, financial provision has been made. It is necessary to apply for permission, or...

Coronavirus and the family courts - business as usual, but different

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The family courts have explained that they will continue to deal with family law court appointments and hearings, but with some practical changes. There is now an assumption that they will be dealt with remotely, using email, conference call facilities or...

Separation agreements - are they binding or not?

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Consider the case of MB v EB . The parties separated in 2004 after only three or four years of marriage. In 2011 they agreed a separation agreement where the husband, a struggling artist, received £245,000, from his wife, to purchase a property and...

A right royal lesson

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It’s impossible to predict what decisions our children will make in the future, or what might happen along the way. The impact they will have on our financial planning and dynastic wealth protection, therefore, is a complete unknown. In other...

Separation and the Capital Gains Tax trap

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Separating from your spouse or civil partner at the wrong time could result in you having to pay Capital Gains Tax (CGT) that you could otherwise avoid. CGT is payable when you dispose of an asset whether you sell it, gift it or are ordered to transfer it...

Arbitration - how Paul Hollywood and his wife kept his divorce financial settlement out of court

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Newspapers are reporting that Paul Hollywood, of The Great British Bake-Off fame, has chosen to settle his divorce financial matters out of court. He and his wife have chosen to use a process called family arbitration. There will be several advantages...

Changing which parent a child lives with - parental alienation

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Parental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case...

Getting divorced after a no-deal Brexit could be much more expensive for European couples

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If the United Kingdom leaves the EU without a deal, then the cost of getting divorced in some cases will increase dramatically. If both partners in a marriage currently apply to different countries in the EU for a divorce, then the country where...

What is a consent order and why do I need one?

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A consent order in divorce or separation proceedings formalises any financial agreement that you and your partner have reached and converts it into a binding, final order. The order specifies who will pay or receive what with regard to income, capital in...

So close but yet so far - the end of no fault divorce reform?

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The recent developments in the Houses of Parliament have ended the immediate prospects of no fault divorce reform. The Divorce, Dissolution and Separation Bill had been making swift progress towards becoming law. It was proving to be a popular...

"Show me the money" - how will the court deal with hidden assets in divorce?

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This is our second article exploring disclosure within divorce and dissolution of civil partnership proceedings. The first article called “Divorce and financial disclosure” can be found by clicking here. This article explores how...

Divorce and financial disclosure

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When a couple resolve financial matters at the end of their marriage or civil partnership, then it is necessary for both parties to provide full and frank disclosure of their financial circumstances. One or both of the couple often remain sceptical that the...

A cautionary tale about divorce financial advice from friends

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The tabloids have been reporting on a cautionary tale about divorce finances - the temptation to hide assets and the danger of relying on advice from the wrong places. Meet Mrs Byrne. Mrs Byrne was thinking about divorcing her husband. The problem...

Earnings after divorce - will they be shared?

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The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce . The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional...

Pensions in divorce - offsetting, what is it and what are the risks in it?

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When a couple gets divorced then one or both parties’ pensions might be distributed between the couple. In many cases this is done by the pension owner having a percentage of their pension being deducted from their fund. That percentage is then...

Discretionary trusts in divorce law - are your trust assets safe in divorce?

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A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court judge ordering a potential beneficiary of a...

Will I have to share the pensions I earned before we got married?

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The recent Pensions Advisory Group report suggests that there are four answers to the “pensions before marriage” question. We need to be clear on a bit of terminology, however, before looking at the answers. First, remember that pensions can...

New guidelines on pensions in divorce - the unwelcome need for pension reports

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Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. Neil Denny, divorce lawyer in Nottingham, explains that “because pensions do not typically provide an immediate benefit, it can be...

No-fault divorce - a step forward

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On 9 April 2019 the Justice Secretary, David Gauke, announced that the Government would introduce legislation, as soon as possible, to allow married couples to divorce without blaming the other party for the breakdown of the marriage/civil...

Supreme Court Judgment in Owens v Owens published today

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The Supreme Court today handed down its judgment in the long-running case of Owen v Owens. The case concerns a married couple, Mr and Mrs Owens, who were married in 1978. They have two adult children. Mr and Mrs Owens separated...

Pre-nuptial agreements and post-nuptial agreements in context

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What is a nuptial agreement? A nuptial agreement is an agreement in writing entered into by two parties prior to, or after, their marriage or entry into a civil partnership, which records how they wish their finances to be treated and distributed in the...

Social Media and Family Proceedings

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The recent judgment of Mr Justice Holman in the case of Re: T (a Child) [2017] EWFC 19 highlighted the possible benefits of social media within family proceedings. In this particular case, Facebook was used in order to ascertain the whereabouts of a...

No-fault divorce - does it exist?

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It remains a common misconception that it is possible for a married couple or civil partners within the jurisdiction of England and Wales to divorce or dissolve their civil partnership on the grounds of “irreconcilable differences”, as they can...

Wyatt v Vince - the importance of finality

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The long running case involving Kathleen Wyatt and Dale Vince garnered national attention last year when the case came before the Supreme Court (Wyatt –v- Vince [2015] UKSC 14). The High Court has now delivered a judgement (Wyatt v Vince [2016] EWHC...