A wife has been told that her husband’s earning capacity should not be part of a financial settlement after they divorce. The court held that it was not a matrimonial asset to which the general sharing principle applied. The ruling could mark a significant change in the way courts regard divorce settlements. The case involved
The BBC drama series The Split, featuring family law firms, got off to a roaring start with the main characters at each other’s throats and competing to sign up rich clients. It will no doubt continue with more high-powered thrills and spills but while it may be gripping entertainment, it’s far removed from the real
The parents of a sperm donor have been granted the right to see their biological grandchild. The case involved a same-sex couple and a friend who had agreed to donate his sperm, so they could have a baby. For the first few years of the child’s life, the donor saw him every week or fortnight
A divorced wife has prevented her ex-husband from selling the family home until their daughter has finished her education. The couple’s marriage broke down after 25 years together, and the husband’s business had gone into liquidation. The husband issued an application under the Family Procedure Rules 2010 for an interim order for the sale of
The parents of a sperm donor have been granted the right to see their biological grandchild. The case involved a same-sex couple and a friend who had agreed to donate his sperm, so they could have a baby. For the first few years of the child’s life, the donor saw him every week or fortnight
A woman facing a jail sentence has won her appeal to prevent her daughter being returned to her father. The case involved a married couple who had been permanently based in Italy. The marriage broke down and the mother took the child to live elsewhere in Italy without the father’s consent. That unlawful removal resulted
Divorce can be one of the most stressful events anyone has to face in their lives, especially if it descends into recriminations and disputes over money and care of the children. Thankfully, it doesn’t have to be that way. The government, with the backing of many family lawyers, has been trying to promote a more
Sir James Munby, President of the Family Division has recently provided further details of new specialist courts being piloted to deal with the financial aspect of divorce proceedings. In December 2017, Munby set out a blueprint for the financial remedies courts (FRC), which are part of wider efforts to separate divorce administratively from its financial
Widespread belief in the myth of common law marriage is putting millions of cohabiting couples at risk of financial hardship if their relationship breaks down. The warning comes from the family law group, Resolution, after it commissioned a survey showing that most cohabitants don’t realise that they don’t have the same automatic rights as married
The wedding of Prince Harry and Meghan Markle will be one the main events of the year with millions of people across the world wishing them every happiness. The romance between them is plain to see, but should the couple also be considering some more practical matters? Many people now draw up a pre-nuptial agreement,