Divorce Petition Updated The Family Procedure (Amendment No. 2) Rules 2017 will come into force on 7 August 2017, with transitional provisions until 4 September 2017. One of the highlights is a significant change to the format and appearance of the divorce petition,...Read MoreTags: divorce petition, form, online divorce, court
Today, The Supreme Court[1] has decided whether (in the context of varying a consent order) the court should apply s.31 of the Matrimonial Causes Act 1973, or whether it is constrained by Court of Appeal authority to apply a narrower approach, even if that is...Read MoreTags: supreme court, birch v birch, vary, consent order
The Plight of the Unmarried Lord Neuberger, President of the Supreme Court has given a keynote speech at a recent ‘At A Glance’ conference on the perils and pitfalls of being an unmarried couple facing relationship breakdown, and highlighting the lack of...Read MoreTags: beneficial interest, interest, property, tolata, unmarried, cohabitation
Cafcass Guidance Note Cafcass has issued guidance on the use of professional time in the family courts. We have reproduced the note in full below. The guidance came into effect on 1 July 2017. We are issuing this guidance, with the approval and support of the...Read MoreTags: practice guidance, children proceedings, guidance, private law, cafcass
The “2 million Dollar” question: If a Trust is a sham, is it a sham for all purposes? Recently the interesting concept of sham trust has been decided in a UK High Court Family Law case (see ND v SD & Ors [2017] EWHC 1507 (Fam) Robert’s J. (21 June 2017). What is...Read MoreTags: trusts, sham, sham trust, trust
When can you delay Decree Absolute? In this post we examine the ways in which it is appropriate to delay application for decree absolute in divorce proceedings. The general position is that one should only apply for decree absolute once the financial remedies have...Read MoreTags: decree absolute, delaying decree absolute, miller smith, thakkar v thakkar, divorce
