In this blog, I take a look at what has become known as ‘divorce tourism’ – the practice of trying to establish a connection with the UK in order to use its divorce courts. I also look at whether a recent case in the Supreme Court may have...
How is the family business treated in divorce? Alongside property, pensions, and investments, the family business can often form a substantial part of a high net worth couple’s assets. Indeed, the business may have been the...
Pride month is the opportunity for us to reflect on the recent changes in the law surrounding LGBTQ+ parents and their parental responsibilities in child arrangements. From child custody and visitation rights, to surrogacy and separation, let’s...
It has been over a year now since no fault divorce was introduced , below I have answered the most common questions surrounding no fault divorce after a year since its inception. ‘What is no...
In divorce cases, it is sometimes a concern that one spouse might either spend or hide all of the money so that the other spouse can’t get a share of it. When some of the assets are abroad, the concern can be even greater. The...
It has been 15 years since an influential body of research lawyers recommended changes to the law affecting finances on the separation of unmarried couples. My colleague, Karen Johnson, produced a blog on this in September The rights of...
The most recently published government statistics show that only 40% of all couples who get divorced actually sort out their finances. What are the risks that they are running here? For the relevant period, 30,600 divorces were finalised but only 12,500...
A recent High Court case has highlighted the dangers of looking for your spouse’s confidential information to use it in a divorce. What is the problem here? Both husband and wife have an obligation in divorce...
As global communications shrink the world ever faster, there is no guarantee that a married couple will necessarily both live in the same country following separation. So, what happens when one of them starts divorce proceedings in a different...
Although we often talk about ‘the Court’, there are in fact many different courts in this country. A recent case led to a useful observation from a senior judge about which court should be used to interpret the provisions of an order made within...
At first glance, the recently decided case of Finch v Baker appears to show a bias in favour of the wife in a divorce case. But is that really the case here? What was the background to the case? Ms Finch (the wife) was a...
Next week, the High Court will hear a crowd-funded legal action challenging not only the government’s plans to introduce ‘no fault’ divorces but also the existing legislation about divorce and maintenance claims. No fault divorce is...
A man has been sentenced to 18 months in prison for falsifying a DNA test in an attempt to avoid paying child maintenance for his two children. Despite being present at the birth of the children, who have two different mums, Steven Dixon denied he was...
Most financial cases in divorce are dealt with on the basis of ‘needs’. This is where there is only just enough to go round (and sometimes not even that) and a judge has to determine what each spouse needs, and how those needs can be...
A recent High Court case shows how important it is to consider what the courts of different jurisdictions can do when a couple divorces. The background details to this case is that after a long marriage, the husband left the family home in Berkshire...
From an early age, all divorce lawyers have drummed into them the fact that you cannot act for both a husband and a wife in a divorce. We will know that under our code of conduct that is a non-negotiable point. It does not stop us often being asked though,...
Government statistics show that as many as 40% of divorces are now being dealt with online. But what is the background to this and where are the pitfalls of an online divorce? Online divorce was introduced by the Ministry of Justice in 2018. A lot of...
Increasingly, the family court is willing to step outside of strict rules of procedure where it appears fair for it to do so. The decision made in the recent case of Ali v Barbosa demonstrates this. The facts of the case were quite interesting, as the...