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the family courts

Family courts operating online

By | Law news, the family courts | No Comments

Since the prohibition placed on public gatherings on March 23, the family courts have begun to operate on a remote basis. Unless there is a good reason not to do so, all hearings will now take place via video conference or telephone, while document and information exchange is undertaken via email. But this approach cannot come “at the expense of a fair and just process”, Family Division President Sir Andrew McFarlane has stressed Writing last month, Sir Andrew McFarlane explained that, despite the difficulties posed by operating a system remotely that was designed for face-to-face contact: “…There is a strong…

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Orthodox children ‘should live with both parents’, court rules

By | Children, News, the family courts | No Comments

The two children of an orthodox Jewish mother should live with their father part of the time, a family court judge ruled in a recently published judgement. ‘A’ and ‘B’, aged nine and seven, have been the subject of multiple family court judgements as a result of their parents’ contentious divorce after the father chose to leave the family’s strictly orthodox Haredi community in London. His decision was described in a subsequent ruling as having had a “cataclysmic impact on each member of the family”. After leaving the father became involved with the more moderate Modern Orthodox community and the…

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“Grossly unfair” financial settlement overturned in court ruling

By | financial, the family courts | No Comments

A “grossly unfair” financial settlement following a divorce has been overturned by the Court of Appeal. XW v XH concerned a family court ruling originally made in December 2017. On that occasion, a Judge awarded the wife just 29 per cent of the couple’s assets because he believed the husband, a successful businessman, had made a “special contribution’ to the couple’s wealth. The ‘special’ or ‘stellar’ contribution proviso allows family court judges to grant more of a couple’s shared assets to one partner in a divorce if they are deemed to have made a particularly significant contribution to the couple’s…

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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…

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