Family law arbitration: a new dawn for Alternative Dispute Resolution?

Lord Wilson delivered a frank, easy to understand speech last night in London. It was noteworthy because he is the first senior figure in family law to publicly announce the imminent arrival of a new form of financial dispute resolution in family law: arbitration.

Full post: Marilyn Stowe Blog

Case Comment: Kernott v Jones [2011] UKSC 53

In this appeal (from [2010] EWCA Civ 578) – their Lordships were charged with revisiting the decision in Stack v Dowden [2007] UKHL 17 with a view to clarifying its reasoning.

Full post: UKSC blog

And for tonight’s rant…

…I shall mostly be complaining about section 20 of the Children Act.

Full post: Pink Tape

Meeting “reasonable needs”: matrimonial v non-matrimonial assets

Readers of this blog will know that in any financial divorce settlement, the court must ensure that so far as possible, within the context of their finances, both parties’ “reasonable needs” must be met.

Full post: Marilyn Stowe Blog

Z v Z: a prenuptial agreement in a post-Radmacher world…

In this case, it fell to Mr Justice Moor to adjudicate the merits of a French prenuptial agreement – a Separation des Biens – between two French citizens living in London.

Full post: Marilyn Stowe Blog

FOI about LIPs from MOJ is FFS and OMG then AAK

I recently received a response to my Freedom of Information Request to the Ministry of Justice concerning private family cases and litigants in person.

Full post: Pink Tape

Z v Z: Radmacher applied

Z v Z [2011] EWHC 2878 (Fam) is, I believe, the first reported pre-nuptial agreement case since Radmacher v Granatino.

Full post: Family Lore

Jones v Kernott: Ending the big debate?

One of the things I really don’t like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives.

Full post: Nearly Legal

Kernott v Jones in the Supreme Court: what you need to know

The long-awaited judgment in the case of Kernott v Jones is to be handed down by the Supreme Court tomorrow.

Full post: Marilyn Stowe Blog

BJ v MJ: Dealing with trusts on divorce

As its name suggests, BJ v MJ (Financial Remedy: Overseas Trusts) [2011] EWHC 2708 (Fam) deals with the issue of how trusts should be treated in the division of assets following divorce.

Full post: Family Lore

A few comments on the Family Justice Review

I know there have been and will be others far more learned than I who have/will comment on the Review, but I thought I would still give my views, for what they are worth.

Full post: Family Lore

The real reason why the Family Justice Review has failed

The long-awaited Family Justice Review, published today, presented a golden opportunity to review and recommend changes to existing law. Instead the Review panel, chaired by former senior civil servant David Norgrove and populated by bureaucrats and children experts, has failed families in crisis.

Full post: Marilyn Stowe Blog

Government Consults on Clare’s Law

Theresa May this week launched a long awaited consultation on so called Clare’s Law, about which I have written before in the Guardian.

Full post: Pink Tape

Adoption stories from the Tories: Part 1

The Prime Minister wants you to think about babies. Specifically, babies that are not yours.

Full post: Beneath The Wig

What happens when an international custody battle looms?

Today I was sent this link to a newspaper story about the British television presenter Melissa Porter, who is reported to be facing an “international custody battle” over her only child.

Full post: Marilyn Stowe Blog