Category

divorce

Lawyers ‘can act for both parties in divorce’

By | divorce, the family courts | No Comments

There is no conflict of interest in helping both parties in a divorce reach a financial agreement, a High Court Judge has declared. In JK v VK & Another, Mr Justice Mostyn considered the case of a younger couple who sought a clean break divorce (one with no possibility of future obligations) after a marriage of just two and a half years. They approached an online divorce service specialising in joint financial agreements (legally termed ‘consent orders’). However, one such joint order was queried by a regional Judge, who suggested that it might constitute a conflict of interest. Traditionally, although…

Read More

Resolution welcomes return of ‘no fault’ divorce bill

By | divorce, Law news | No Comments

The family law organisation Resolution has welcomed a recent announcement that legislation introducing ‘no fault’ divorce in England is to be returned to Parliament. Following years of campaigning by Resolution and other organisations, the Divorce, Dissolution ad Separation Bill was first introduced last summer, but then suspended when Prime Minister Boris Johnson called the December 12 general election. The bill make significant changes to existing marriage law, removing the long-standing need to cite specific reasons for a divorce application or attribute fault to one party. Instead applicants will only need to state that the marriage has irretrievably broken down, and…

Read More

Supreme Court considers ‘forum shopping’ in divorce

By | divorce, Law news | No Comments

The Supreme Court has heard two days of evidence in an appeal concerning ‘forum shopping’ in divorce. The term ‘forum shopping’ refers to a common and much discussed practice in which one half of a multinational couple attempts to launch divorce proceedings in the jurisdiction with divorce legislation most favourable to them. In legal terminology, the Latin word ‘forum’ can mean both a specific court and a specific jurisdiction. Villiers v Villiers concerns a writ of divorce filed in 2014 by a husband in Scotland. He and his wife had lived in the country for the majority of the time…

Read More

Nearly 30 per cent of retirees plan to shun families in their wills

By | divorce, Law news | No Comments

More than 28 per cent of retired people do not plan to leave their assets to immediate family members, according to a new survey. In the poll, by financial firm Responsible Life, respondents cited a number of reasons for not wanting to leave legacies to family members in their wills. These included a desire to reward supportive friends and neighbours and lingering estrangement from their relatives. Some said they preferred adult children to be self-reliant and they wanted their assets to help charities instead – with animal charities an especially popular choice. However, the firm noted a recent upsurge in…

Read More