LSC: no appeal on family contracts

The Legal Services Commission (LSC) has confirmed yesterday that it will not be appealing against the judgment made on the Law Society’s judicial review of the family law tender process.

Full post: LAG News Blog

Robson v Robson: Dividing the carcass of the golden goose

Robson v Robson [2010] EWCA Civ 1171 may ultimately be best remembered for the language used by Lord Justice Ward in his judgment, rather than for any particular point of law. It does, however, throw up some interesting issues.

Full post: Family Lore

The Supreme Court and pre-nups: a victory for 40-year-old law?

So it has finally happened. The new Millennium began with a bang in the form of the White v White case, and ten years later we’ve started the new decade with a similarly momentous development following the Supreme Court’s long awaited judgement in the Radmacher v Granatino case.

Full post: Marilyn Stowe Blog

Pension offsetting in divorce – another throw of the dice?

Offsetting is common in divorce and dissolution because the principles are simple. It involves one party keeping an asset that has a value similar to that of one the other party will retain.

Full post: The Ancillary Actuary

Supreme Court pre-nup decision: the human rights angle

Although human rights were not in issue in this litigation, there is an interesting question to explore here in relation to the parties’ rights to peaceful enjoyment of their possession without interference by the state (in the form of a court order reversing the provisions of a private settlement).

Full post: UK Human Rights Blog

“Prenuptial agreements are great – for the rich”

After nearly seven months of deliberation, it is ironic timing that as the Government announces swingeing cuts to the justice system, no fewer than nine Supreme Court judges are to finally hand down their decision in the glamorous case of multi-millionairess Katrin Radmacher and her former husband, Nicolas Granatino.

Full post: Marilyn Stowe Blog

Radmacher v Granatino: No change

The much-anticipated Supreme Court judgment in Radmacher v Granatino has now been handed down, and the Justices found in favour of heiress Katrin Radmacher.

Full post: Family Lore

Pre-nuptial agreements have force in English law as long as they are “fair”, say Supreme Court

The Supreme Court has ruled by an 8-1 majority (Lady Hale dissenting) that a court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless, in the circumstances prevailing, it would not be fair to hold the parties to their agreement.

Full post: UK Human Rights Blog

Singing into the wind

There has certainly been a chorus of warnings about possible changes to the family justice system, in particular the introduction of compulsory mediation, in the spending review and/or the Family Justice Review.

Full post: Family Lore

Prenups: the German heiress vs UK law

A long-awaited supreme court judgment on prenups is unlikely to change the law.

Full post: Afua Hirsch's Law Blog

Willy Wonka’s Spending Review

At the risk of becoming monotonous, news of the demise of family legal aid is not greatly exaggerated.

Full post: Pink Tape

Do Budget cuts timetable the start of the dance on divorce-lawyers’ graves?

Those reading about the UK government’s proposals to slash the availability of court hearings dealing with family law matters, could be forgiven for thinking that this is uniquely good news, particularly where, the latest headlines sit next to stories of how slow the process is and the high cost concerning multi-million pound divorce cases.

Full post: FLiP Blog

Marriage in later life: what are the pitfalls?

I recently listened to a morning radio programme on which three counsellors gave advice to a young girl who had written in to the show. Her father had been widowed for ten years and had met another woman nearly twenty years younger than him. His daughter was desperately worried as she thought the woman to be a gold digger who was only after her dad for his money.

Full post: Marilyn Stowe Blog

Alakazam!

Further to my post only yesterday about the proposal to revoke the implementing SI in respect of the Family Advocacy Scheme – it has already been revoked.

Full post: Pink Tape

Fabricated illness: case management lessons

The judgment of HHJ Clifford Bellamy in Re X, Y & Z which we now know involved Coventry City Council covers a wide range of important points about case management, permission to withdraw proceedings and the duties of an expert asked to report on suggestions of fabricated illness.

Full post: Family Law Week blog

Shaken Baby Syndrome: evolving law and the quest for justice

Children tend to cause more problems than any other area of family law. Few areas change so much, or are as nuanced and complex. I’ve recently read a wealth of legal articles and cases that illustrate the breadth of issues affecting them, but there is one type of case in particular that speaks to my own personal experience.

Full post: Marilyn Stowe Blog

Forced marriage, honour violence and secret justice

The High Court has given guidance on the role which special advocates may play in forced marriage and honour violence cases.

Full post: UK Human Rights Blog

Compulsory mediation: You can take a horse to water...

The Telegraph today has taken up on the indication by Justice Minister Jonathan Djangoly yesterday on the BBC radio Today programme that parents involved in private law children disputes may be refused legal aid unless they attempt mediation first.

Full post: Family Lore

A coup for Chancery Lane – but what happens now?

Last week’s High Court judgment that the Legal Services Commission’s family tender process was unlawful railroaded a process which would have reduced the number of family providers from 2,400 to 1,300 and led to the demise of many experienced firms.

Full post: Law Society Gazette News blog

More councils named and shamed in child protection cases

Coventry City Council has been ordered to pay £100,000 in costs and has been severely criticised by the High Court for child protection failures.

Full post: UK Human Rights Blog

The law on cohabitation and property: who owns the house?

Cohabitation is a complex area of family law and one that becomes more confused and murky by the week.

Full post: Marilyn Stowe Blog

Family Justice Review – The Outlook is Gloomy

The deadline for written submissions to the Family Justice Review call for evidence was yesterday.

Full post: Pink Tape