The Law Commission is looking at ways to improve the enforcement of Family Financial Orders, which are used to help support children and former spouses following divorce. The commission says these orders are sometimes obtained at “significant financial and emotional cost” to everyone involved. The stress can be compounded if the orders cannot then be
The Marriage Foundation has launched a manifesto calling on political parties to consider the need to reform divorce law. The Foundation, which is led by one of the country’s senior family judges, Sir Paul Coleridge, believes current law is outdated and out of step with modern life. The call for change coincides with two recent
On 11th March 2015, the Supreme Court handed down their decision in the case of Vince v. Wyatt [2015] UKSC 14 and granted a wife permission to make an application for financial relief against her ex-husband even though they had divorced over 20 years ago. Facts of the case: The parties married in 1981 and
Pre-nup agreements are often associated with the rich but they are now being used by couples from all walks of life. They are particularly popular with people entering second marriages who want to safeguard their assets for their children from a previous relationship. People who have inherited money or perhaps been awarded compensation for an
Family courts in England will soon be able to order DNA tests to establish a child’s parentage. It’s hoped the move will reduce delays and unnecessary arguments during divorce cases. The move follows concern that courtroom disputes over parentage are slowing down proceedings and making it harder for couples to reach a fair settlement. Two
Unmarried couples who share a home should consider drawing up an agreement about how much of the property each one of them owns. Failure to do so can lead to confusion and potential hardship, as illustrated in a recent case before the Court of Appeal. It involved a woman who had lived with her abusive
A woman has lost her appeal against a judge’s decision that she and her husband should share their assets equally as part of their divorce settlement. The case involved a couple who had been married for four years and had a three-year-old daughter. They were both professionals but the wife had more earning power than
A court has ruled that a teenage girl must live with her mother in Mexico, despite her wish to stay in the UK with her father. The family had lived in England until the parents divorced. The Mexican mother then returned home and took their three children with her. Four years later the youngest daughter
The Court of Appeal has ruled that a judge got it wrong when calculating the divorce settlement for a woman who gave up a lucrative career to look after her children. The case of Julia Hammans will now be re-tried by another judge to ensure that she is treated fairly. The court heard that Ms
A judge’s decision to separate two teenage brothers from their mother and also from each other was based on her own personal opinion of the boys and has therefore been overturned. The residence of the brothers came into dispute ten years after the separation of their parents. They had always lived with their mother and