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Tricia Ashton

23 year-old divorce decree corrected by High Court

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A final decree of divorce issued 23 years ago contained an incorrect date, the High Court has ruled. X v Y concerned a couple who married twice – firstly at a secret ceremony in Spain in 1993 not attended by their families, and a second time in England a year later after reconciling with their relatives. The second ceremony would not have been allowed to proceed if they told the registrar about the earlier marriage in Spain because, under English law, they were already married. Two years later the marriage broke down. Mr X petitioned for divorce on the grounds…

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Supreme Court considers maintenance law

By | divorce, financial | No Comments

The Supreme Court has dismissed an appeal against a ruling that the English courts had the authority to order him to pay maintenance to his ex-wife. The couple had married in England in 1994 before moving to Scotland. When they separated in 2012 the wife returned to England. The following year she filed for divorce in the English courts. But when the husband filed his own petition in 2014, the divorce was officially allocated to the Scottish courts because the couple had lived north of the border throughout their marriage. The wife agreed to drop her own divorce petition and…

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Radical Divorce Bill Awaits Approval

By | divorce, Law news | No Comments

The radical Divorce, Dissolution and Separation Bill completed its passage through both Houses of Parliament this week and is now awaiting Royal Assent, the final stage in the creation of new legislation. The key change introduced by the legislation will be the removal of the current requirement to cite one of five ‘facts’ or reasons when applying for a divorce. These are: Adultery Unreasonable behaviour Desertion Two years’ separation by agreement Five years’ separation without agreement The requirement to cite these facts has been a bone of contention for decades, with lawyers and campaigners arguing that attributing fault in four…

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Government to review domestic abuse employment rights

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The government has announced a review of the best ways to protect domestic abuse survivors in the workplace. Topics under consideration will include flexible working, unplanned leave, and protections against financial abuse, such as paying the employee’s salary into a different account or providing emergency payments. Examples of best practice within the UK and abroad also be examined. Written evidence has been invited from employers across the country, on the following issues: What practical circumstances arise in relation to domestic abuse and work? What support can be offered in the workplace for victims of domestic abuse? What is possible with…

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