Category

the family courts

“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 XW v XH concerned a family court ruling originally made in December 2017.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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Boy should be sent to live with father, High Court concludes

By | Children, the emotional side, the family courts | No Comments

A 12 year-old should be sent to live with his father to restore their relationship, a High Court Judge ruled in a recently published case. PA v TT and H concerned a couple from a Sikh background who had married in 2005 and separated in 2007. They had one son, referred to in the judgement as ‘H’. The breakdown of the marriage was acrimonious, and there had been no less than five previous sets of proceedings concerning arrangements for the boy. These included allegations of domestic abuse, which were dismissed. Prior to the beginning of the sixth set of proceedings,…

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Children should spend time with alienated father court rules

By | Children, Law news, the emotional side, the family courts | No Comments

A mother who had pressured her children into rejecting their father must allow them to build a healthy relationship, a family court judge has ruled. During a High Court session in Brighton, His Honour Judge Bedford noted that disputes between the parents dated back many years. “The two children in this case have been the subject of litigation, on and off, for much of their lives, one child being aged 11 years and 5 months and the other children being 10 years and one month. “ He explained: “Fortunately for the children, contact took place on a regular basis following the…

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