Sir Mark and the terms of the FJR

I have just read the speech given by outgoing President of the Family Division Sir Mark Potter at the Annual Seminar of District Judges. I found most interesting his comments regarding the terms of the proposed Family Justice Review.

Full post: Family Lore

"VALUATIONS, DAMNED VALUATIONS & CETVs"

Practitioners need to be aware of the difference between disclosure values, market-consistent values and offsetting values.

Full post: The Ancillary Actuary

Proposed New European Choice of Law Divorce Rules

Ten European countries are about to proceed with divorce law rules that will clarify which law applies to international marriages.

Full post: International Family Law

D-I-V-O-R-C-E, EU style

The new justice commissioner, Viviane Reding, took to the stage this week as the country-and-western singer, Tammy Wynette.

Full post: Law Society Gazette Euro blog

Renewed Efforts

The President’s Interim Guidance has been reissued to take effect for six months from April 2010, with PDs to accompany it.

Full post: Pink Tape

Hewett v First Plus: Common sense

Analysis of Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312.

Full post: Family Lore

Cafcass Survey “How it Looks to Me” – Children comment on Divorce and Separation proceedings

Cafcass, the Children and Family Court Advisory and Support Service, invited 136 children, 122 of whom had been in contact with Cafcass, to the National Space Centre in Leicester to consult on their views of the Family court proceedings and their experiences of divorce and separation.

Full post: Family Law at Lawson West LLP

Tear Down The Wall…

Charon QC is right. I have to comment on Jack Straw’s apparent reluctance to appoint Lord Justice Wall as the new President of the Family Division, reported on here by The Times.

Full post: Pink Tape

Radmacher v Granatino: what happens now?

This week the Supreme Court is hearing the case of Radmacher v Granatino, with Mr Granatino arguing that the prenuptial agreement that he signed with his former wife, German heiress Katrin Radmacher, should not be upheld.

Full post: Marilyn Stowe Blog

Shared residence & holidays

An interesting question has been exercising me: can a holder of a shared residence order take a child on holiday abroad without the consent of the other holder / parent.

Full post: Bloody Relations

John and Sarah's divorce

We all hear, it seems daily, about yet another "celebrity divorce" or the make believe "quickie divorce" they often claim to obtain. We hear about the agonising over whether the settlement should be £200million or £300million. What a hard life and tough case that must be!

Full post: Family Law Blog

The Sirens of Divorce

Recently I wrote about the “Black Knights” of divorce: those people who won’t face reality but fight on, relentlessly, long after the case has finished. They are few in number but their behaviour is remarkable. Today I would like to consider another group, equally rare in number. They are the Sirens.

Full post: Marilyn Stowe Blog

From Secret Court to Star Chamber?

This article compares and contrasts the adversarial process with its sister system, the inquisitorial process and highlights the possibility of a power struggle between the judiciary, the legislative and the executive on matters of family law.

Post (and link to article): Divorce Manual

Well – DUUR!!

News just in from the FLBA: The Report from Francis Plowden – the Review of Court Fees in Child Care Proceedings – was published yesterday.

Full post: Pink Tape

Should the ancillary relief system be revised?

I have often wondered whether the period between First Appointment and the Financial Dispute Resolution appointment needs to be reconsidered in greater detail.

Full post: Marilyn Stowe Blog

Baroness Deech speaks... again

Baroness Deech continues her monthly onslaught against the family justice system today with the latest of her public lectures as professor of law at Gresham College, London.

Full post: Family Lore

Workload issues

I a sorry to have been neglecting the blog recently but contrary to any pronouncements you may have heard on the radio myself and my colleagues are not noticing any discernible drop in our workloads.

Full post: Family Law Week blog

CMEC v Beesley: CMEC not bound by IVA

Can entering into an Individual Voluntary Arrangement ('IVA') reduce the liability of the non-resident parent ('NRP') for child maintenance?

Full post: Family Lore

Coronation Street, grandparents’ rights and a family lawyers’ advice

As a family lawyer, what advice can I offer a grandparent seeking a residence order in relation to a grandchild?

Full post: Marilyn Stowe Blog

The divorce capital of the world...?

The big news in the world of family law this week came from the Supreme Court who handed down the eagerly awaited judgment in the case of Agbaje.

Full post: Pannone Family Blog

Judges face an even tougher task in children’s cases

Judges in family proceedings have been given an unenviable task. Following a decision of the Supreme Court last week, they must now think longer and harder about whether a child should appear in court to face the person that might have abused them.

Full post: Law Society Gazette News Blog

“London’s role as divorce payout capital confirmed”

It was more than a year ago when I first blogged about Agbaje v Agbaje. This drawn-out case involves a couple who married in 1967, gained British citizenship, separated in 1999 and divorced in Nigeria.

Full post: Marilyn Stowe Blog

Agbaje: Supreme Court overturns Court of Appeal decision

In a ruling that has been described as confirming London as the divorce capital of the world, the Supreme Court has today overturned the decision of the Court of Appeal in Agbaje v Akinnoye-Agbaje.

Full post: Family Lore

Australians go mad for online divorce

HUSBANDS and wives are flooding a new government online divorce service which critics say makes marriage break-ups too easy.

Full post: Divorce-Online Blog

Caravaggio, ethics & the divorce courts – revisited

Marilyn Stowe considers the case of K v L, which "concerns a convicted paedophile who attempted to claw a share of his former wife’s fortune".

Full post: Marilyn Stowe Blog

Re W: New rule, similar result?

The Supreme Court decision in Re W (Children) [2010] UKSC 12 is one of those cases that is likely to get family lawyers jumping up and down with excitement, but is it likely to have much practical effect?

Full post: Family Lore

Business Ownership, Divorce and H v H

In divorce where one spouse owns or has a significant share in a business, the business will be treated as an asset of the marriage that needs to be considered as part of the ancillary relief agreement.

Full post: Family Law at Lawson West LLP

Decision Pending from Japan over Hague Convention

Japanese Prime Minister, Yukio Hatoyama, has recently revealed that a decision as to whether the country will become a signatory to the Hague Convention will soon be made.

Full post: Pannone Family Blog