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Equity vs equality – the sharing principle and fairness in short marriages

By | divorce, financial, News, the family courts | No Comments

This week we thought we’d look at the application of the ‘sharing principle’ following an interesting development in the law in the reported decision of Mr and Mrs Sharp. The case involves a couple in their mid-40s, worth around £6.9M. They did not have any children. The wealth was largely generated through substantial bonuses paid to the wife during the marriage. At the outset of their relationship the couple earned relatively similar amounts (c.£100k p.a.) and later, the wife received bonuses totalling c.£10.5M over the course of their 6 year marriage (including 18 months of pre-marital cohabitation). As is commonly…

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My spouse owns a business – what is it worth?

By | collaborative law, financial | No Comments

When looking at an overall division of finances on divorce, the first step is to understand what resources there are. One of the issues faced by separating couples is how and when a business owned by either of them comes into play.  We at CFLP are experts in assessing the importance of business interests on divorce. Working out how much a business is worth, if it is worth anything at all, can be especially challenging for those who are not involved in running the business. First and foremost, it is crucial to understand the nature of the business. Is it:…

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International Divorce Arbitration – a new scheme

By | divorce | No Comments

As followers of our blog will know, we’re big fans of out-of-court dispute resolution at CFLP. Where we can help families keep their dispute away from court, we try to do that using our skills as collaborative practitioners, mediators and negotiators.  We offer advice during arbitration and Simon Bethel acts as a qualified arbitrator for children matters (link to our announcement here).  The launch of a new arbitration scheme for international divorce has recently caught our attention. Many international families find at a time of relationship breakdown that two or more countries can deal with issues regarding their family. Whilst…

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Attending court on my own – what do I do?

By | Children, the family courts | No Comments

Today we are looking at how to help those representing themselves in court proceedings. As members of Resolution we take an amicable and non-confrontational approach and try to keep families out of litigation if at all possible. However, for some families, turning to the court is the only way to make real progress on certain issues, particularly where out-of-court dispute resolution options have been tried unsuccessfully. Moving towards court proceedings does not have to mean all-out battle with your former partner. It is entirely possible to conduct court proceedings in a measured, constructive and non-combative manner, and that is what…

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Protection from violence

By | Law news | No Comments

This week and last have been quite quiet ones in family law terms, other than some kerfuffle about another multi-million pound divorce that’s been reported in the papers because of the massive figures involved, but for which the judgment isn’t out yet, so we don’t really know the reasoning. Instead we thought we’d look at a few strands relating to violence within the context of relationships, as a supplement to Adam’s white ribbon post of last month. The first thing to come out, thanks to The Independent, was the disparity between the increase in reports of domestic abuse incidents and the…

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Maintenance matters

By | financial, Law news | No Comments

This week, we thought we’d focus on a difference of opinion on a matter of family law that has come to light between a couple of our elder statespeople in family law. On one side, we have Baroness Deech, a former barrister and crossbench peer in the House of Lords who led the second reading of her new Divorce (Financial Provision) Bill at the end of January this year, and on the other we have Lord Wilson of Culworth, a Justice of the Supreme Court and author of some of the most notable legal decisions in family law over the…

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Wills and ways

By | Law news | No Comments

There have been three cases concerning wills over the past couple of weeks, so we thought it might be time again to take a look at this rather ‘niche’ area of the work we do. As specialists in family law, we don’t deal with the making of wills in general, except for reminding our clients (of course) that the fact of divorce affects inheritance under a will, and when you’re going through a separation you may wish to update yours to make sure it reflects what you would wish to happen to your property in the event of your death….

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Wear a White Ribbon

By | News | No Comments

Hello there – Adam Moghadas here. I had a look at the Cambridge News last night and read that there’s been a significant year-on-year increase in reports of domestic abuse in Cambridge. So this week, just after International Women’s Day and with Mothers’ Day on the horizon, I thought we should use the blog to take a look at the work of the White Ribbon Campaign. This is a charity working to prevent and inform about violence against women by engaging men and boys in the conversation. It’s a charity particularly close to our hearts at CFLP for two reasons:…

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Facebook: Saviour of Family Justice

By | Children, Law news | No Comments

This week, social media has been back in the news. We hear a lot about social media as family lawyers, usually in a negative way: its impact on marriages is not always, we find, beneficial. However, there’s just been a case in which a judge has acknowledged the power of social media to enable people to be reached, so that they can be part of important court decisions. The report concerns adoption proceedings about a little boy of four years old. His birth parents are both foreign nationals, who were living together with their son in the Manchester area before…

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Grief and conflict in divorce

By | Children, divorce, News, the emotional side | No Comments

When a significant relationship or marriage ends, there is almost always loss and grief. This is true not just for people to whom the separation comes as a shock, but also for those who instigate the end, and for those for whom it is a truly mutual decision reached after a great deal of thought and consideration. Even for those whose relationship may have been objectively abusive or dysfunctional, and for whom the end of the relationship may come as a relief, there is a void afterwards: a lack of something that was there before, a loss of what you…

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