Category

financial

Supreme Court President: divorce finance bill is “threatening”

By | divorce, financial, Law news | No Comments

President of the Supreme Court Lady Hale has caused a stir by being openly critical of a divorce finance bill currently progressing though parliament. Speaking at the International Centre for Family Law earlier this month, Lady Hale described the Divorce (Financial Provision) Bill, as “threatening” to the “social security system of the family”. The bill was introduced by crossbench peer and legal academic Baroness Deech. It has already completed its passage through the House of Lords, and received a first reading in the House of Commons. If it becomes law, it would make several very significant changes to marital legislation,…

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What happens if you lose your job during divorce?

By | divorce, Divorce myths, FAQ, financial, the family courts | No Comments

There are few times in life when your finances will come under greater scrutiny than during divorce. In order to negotiate a fair financial settlement between you and your former partner, it is necessary to declare your income in full, along with all your financial assets, on the famous Form E, a document that anyone who has been through a divorce will recall vividly. But what happens if financial disaster strikes during this complex process? What happens, in short, if you lose your job – or your spouse does? Finding oneself unemployed is always a stressful event –your life has…

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Compensation payments on divorce – how are they treated?

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

We are all aware of medical negligence claims or national tragedies, such as the Grenfell Tower fire, and here at CFLP, we are sometimes asked how annual grants to victims or beneficiaries from charitable, or other, trusts or compensation payments following personal injury cases, are viewed on divorce. Before dealing with this in detail, we set out a brief recap of the main principles which guide the Family Courts when making financial orders; the main factors are set out in s25 Matrimonial Causes Act 1973 (MCA), but  the overlying principles, following decisions made in the higher Courts, are:- The Sharing…

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A New Dawn for Maintenance Payments?

By | Children, financial | No Comments

As you are probably well aware, the Government has struggled to enforce child maintenance payments since time immemorial. This summer, the Department for Work and Pensions (DWP) has taken further steps towards coherent enforcement and has published its response to its own consultation seeking views on a new child maintenance compliance and arrears strategy. The Government has said that these changes, along with previously announced proposals to allow deductions from joint bank accounts, will be introduced during autumn 2018. These measures will complement the existing spectrum of collection and enforcement powers, which are currently employed by the Child Maintenance Service…

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