Category

divorce

Government to consult on ‘no-fault’ divorce

By | divorce, Divorce myths, FAQ, Law news, marriage, News | No Comments

In recent months, the government launched a consultation on ‘no-fault divorce’, calling for the existing fault-based system of establishing marriage breakdown to be abolished. This follows the highly publicised Supreme Court decision in Owens v Owens [2018] UKSC 41, where a wife of 40 years was refused a divorce due to ‘flimsy and exaggerated’ examples of unreasonable behaviour. At present, a person can only petition for divorce on the basis that their marriage has irretrievably broken down, and this must be supported by one of five ‘facts’: Unreasonable behaviour by the other party Adultery by the other party Desertion by…

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Needs vs ‘Meal Ticket for Life’?

By | divorce, Divorce myths, financial, Law news, News | No Comments

A new briefing paper funded by the Nuffield Foundation has found that high profile, ‘meal ticket for life’ cases have given a distorted view of final settlements in divorces. Dr Emma Hitchings (University of Bristol) and Joanna Miles (University of Cambridge) recently published a briefing paper outlining key findings from their research on financial settlements in divorce cases. The briefing focuses on the current debate over ‘meal ticket for life’ divorces and provides evidence to refute widespread anecdotal claims of women as lifelong ‘alimony drones’. A key finding from the study highlights that immediate clean breaks between divorcing couples are…

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On the value of legal representation

By | divorce, FAQ, Law news, News, the family courts | No Comments

The status of legal representation has recently appeared in the news, again. Readers of our blog might already be aware that since LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act, 2012) when Legal Aid was largely removed for family cases, more than a third of all family court proceedings feature unrepresented parties (litigants in person) on both sides with many more family hearings where one party is represented and the other is not. Huge numbers of litigants are having to find their way through the minefield of law and procedure rules without legal assistance. Problems arise for all…

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Contempt of Court and Family Proceedings

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

This week, we are taking a look at what can happen in family proceedings if an individual thwarts court orders and is held in contempt of court. Being held in contempt of court can invoke draconian consequences for litigants, however the more draconian consequences such as committal to prison have rarely been applied in the family court. Recently, an 83-year-old property developer was jailed for contempt of court after obstructing his financial settlement with his ex-wife. This is a timely reminder of the Court’s powers and sadly, how acrimonious litigation can entrench an individual to such an extent that they are not…

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