Category

financial

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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Early legal advice helps resolve legal problems sooner

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

Research conducted for the Law Society by Ipsos MORI shows a clear statistical link between seeking early legal advice and resolving legal problems sooner. “Without early advice, relatively minor legal problems can escalate, creating health, social and financial problems, placing additional pressure and cost on already stretched public services,” said Law Society vice president, Christina Blacklaws. Early legal advice, defined as ‘within 3 months of the issue first occurring’, helps people to identify solutions– meaning simple issues do not needlessly spiral or end up in court, bringing unnecessary costs to the taxpayer. Professional legal advice is defined as advice from…

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It’s snowing! Let’s talk about Freezing Orders…

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

Most separating couples will sort out the fair division of their assets on divorce by agreement however this is not always the case for everyone. Unfortunately, there are situations where an individual considers hiding or disposing of their assets, in an attempt to minimise the resources that they must share with their spouse. Unsurprisingly, the law says that the parties to a divorce must be totally honest and transparent when disclosing the full extent of their resources because, without all the facts, it is impossible to determine a truly fair financial settlement. If a spouse is tempted to hide assets…

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Specialist family courts being piloted for financial matters

By | financial, Law news, News | No Comments

You may well have seen recent reports in the newspapers on plans to open specialist family courts to deal with the ‘super-wealthy’ battling over their finances following relationship breakdown. These headlines and articles have been somewhat misleading. It is true that the President of the Family Division, Sir James Munby, did circulate a statement on Friday 8th December, six months after declaring that the time had come to ‘de-link’ applications for divorce (decree nisi / decree absolute) from financial proceedings, indicating that there will be a pilot of a specialist court dealing solely with finances following the breakdown of a marriage….

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