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

Neil Denny
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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...

The summer holidays are upon us but are your plans in order?

Joel Tweddell
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As the school holidays approach, many people are busy making last minute plans to get some much needed sun. However, whilst you may be a parent or a person with care of a child, do you have the legal right to take them away? Many people, particularly...

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

Neil Denny
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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?

Neil Denny
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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

Neil Denny
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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

John Boon
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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

John Boon
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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

Victoria Hope
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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

John Boon
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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, the debate continues

Joel Tweddell
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My colleague, John Boon, in his recent blog sought to address the common misconception that it is possible for a married couple or civil partners to divorce or dissolve their civil partnership on the grounds of “irreconcilable differences” i.e....

No-fault divorce - does it exist?

John Boon
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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

John Boon
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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...

Child contact - the rights of grandparents

Joel Tweddell
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Most grandparents have a close and loving relationship with their grandchild(ren). However, the sad reality is that their relationships are discounted following a relationship breakdown. Some grandparents are left with little or no alternative but to apply...

Where can I divorce? Divorcing in the UK and Europe

Joel Tweddell
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Many people are under the impression that they can only divorce in the country in which they marry. This is in fact a myth. Here, we look at the ability to divorce in an EU member state pursuant to “Brussels II Revised”. Brussels II Revised...

Cohabitation disputes - promises and contributions

Joel Tweddell
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The recent Court of Appeal case of Liden v Burton [2016] EWCA Civ 275 serves to highlight the difficulties which many cohabitees may face following the breakdown of a relationship, if they do not seek independent legal advice when dealing with property...

What's in a name?

Nick Ingrey
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The Court of Appeal has confirmed that, in exceptional circumstances, the Court has the jurisdiction to prevent a parent with parental responsibility of children from registering them with the forenames of his or her choice. In giving judgment in Re C...

Child support: autonomy or the state ?

Nick Ingrey
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Statutory liability to maintain a child has existed since the Poor Relief Act 1598, and is now contained in s.78 (6) of the Social Security Administration Act 1992. S.1 of the Child Support Act 1991 also provides that each parent of a qualifying child is...