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: trust, trusts, sham, sham 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: thakkar v thakkar, divorce, decree absolute, delaying decree absolute, miller smith
Love you ’til the end – Joint Lives Maintenance In 1973 the UK joined the EU. At midnight on the 1st January the UK flag was raised above the ECC headquarters in Brussels and celebrations were held across the city. We entered the union, as many do, with...Read MoreTags: maintenance, joint lives, meal ticket, zoe white
School Is Out We promised in our last post on this topic that we would update our readers on the School Holiday issue surrounding a child’s absence from school during term time. Today was decision day. The Supreme Court has unanimously allowed the Isle of Wight...Read MoreTags: school attendance, school holiday
Love Will Tear Us Apart – If You Live In York Little did we know (or did we?) that when we were deciding on the location for our new practice, that York would turn out to be Yorkshire’s most adulterous city, and the 11th most unfaithful place in the UK. In a recent...Read MoreTags: divorce, survey, adultery
UKSC allows Charities’ appeal v Ilott Court of Appeal erred in calculating reasonable financial provision award in will dispute The Supreme Court unanimously allows the charities’ appeals. The Judges found that the District Judge did not make either of the two errors...Read MoreTags: supreme court, appeal, charities, inheritance act
Maintenance Enforcement – Advance to Go We all know that, “You can’t cross the sea merely by standing and staring at the water”. But what if you want to make a direct move, as it is possible in Monopoly, and the water is not muddy at all, as some let you...Read MoreTags: international, maintenance, enforcement
The Known Unknowns Resolution have issued Brexit guidance for Family Lawyers. Their International Committee has set out some handy tips for family lawyers dealing with international divorce cases. There are still a large number of unknown known unknowns or...Read MoreTags: family law, international, brexit, EU Legislation
When love and skill work together, expect a masterpiece: Trusts If the family is one of nature’s masterpiece what is a family trust? Trusts are increasingly becoming part of financial remedy cases[1]. The mere fact that the parties’ assets might be tied up in a trust,...Read MoreTags: nuptial settlement, trusts
House of Commons Library Briefing The Family Test was introduced in 2014 in England. All new domestic laws and government policies must face the Family Test to make sure they support strong and stable families. The Department for Work & Pensions has published...Read MoreTags: house of commons, DWP, family test, government policies, government policy
