divorce
When the Wife Becomes a Widow: The Effect of Death on Financial Provision Claims
In this world, nothing can be certain except death and taxes.’ So Benjamin Franklin is said to have written to Jean-Baptiste Le Roy. Taxes and their impact are usually closer to the front of the minds of those going through divorce or a dissolution of a civil partnership, but occasionally death can rear its head, and cause significant disruption to those anticipating or venturing into a new structure to their lives following the breakdown of their family.
- Journal
- Personal Representatives
- divorce
- Death
- Financial Remedies
- Wills
- Intestacy
- Inheritance
!18/03/2025 06:00
Of Dogs and Divorce
Of dogs and divorce: why treating pets as chattels is an anachronism.
- Blog
- divorce
!28/01/2025 10:02
The Lord Chancellor v 79 Divorced Couples: A Pirate’s Tale
At the end of term, the High Court handed down judgment in a challenging case, whose solution lay in the application of a much-forgotten 53-year-old judgment of the ‘pirate-like’ Sir Jocelyn Simon P to seemingly irresolvable issues caused by errors in the digitalisation of the divorce process.
- Blog
- divorce
!06/01/2025 11:03
A Divorced Christmas Carol: A Story of Reflection and Change
A reworking of a well-known classic. Carol’s marriage was dead. You will therefore permit me to repeat, emphatically, that Carol’s marriage was as dead as a door-nail. Carol lay awake in bed alone on a chilly December night, staring up at the dark ceiling, feeling the weight of the divorce upon her.
- Blog
- divorce
!06/12/2024 14:31
Hemain Injunctions: How to Get Them and When not to Resist Them
A Hemain injunction application is typically made in the context of jurisdiction and/or forum non-conveniens proceedings. It is designed to restrain the respondent from progressing their rival overseas divorce petition pending the English court’s decision whether to dismiss or stay the English petition.
- Journal
- Injunctions
- divorce
- Jurisdiction
- Forum Non-Conveniens
- Suit
- Hemain
- International Family Law
!22/11/2024 06:00
Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice
There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.
- Blog
- Journal
- divorce
!07/10/2024 22:10
Shariah Law – Marriage, Divorce and Financial Aspects
This article focuses on the different types of Islamic/Shariah divorce, the overlap with civil law and the relevant financial implications. Many Muslim clients experience marital breakdown in this jurisdiction, so it is useful to gain a better understanding of the issues they face and the holistic advice that is needed. The cultural aspects have not been considered within the article, but should also be borne in mind when advising Muslim clients.
- Journal
- divorce
!01/07/2024 07:00
DR Corner: Introducing Assent: Combining Arbitration and Private FDRs in a Streamlined Process based on the FPR Directions
Anyone who has tried to arrange a Private Financial Dispute Resolution (pFDR) will be familiar with that sinking feeling when the process is slipping away. It starts with a low-level dispute over the judge, the date or the location of the hearing. Then a seemingly innocuous question about disclosure…
- FDRs
- Mediation
- arbitration
- divorce
- DR Corner
- Costs
- Financial Remedies
- Private FDR
- Alternative Dispute Resolution
!01/07/2024 07:00
A Reply to Baroness Deech’s Argument for Reform
A companion piece to Baroness Deech’s article, arguing against the call for reform of s 25(2) MCA 1973.
- Journal
- divorce
- Reasonable Financial Provision
!01/07/2024 07:00
Reform of Financial Provision on Divorce
After much hesitation and delay, both from the government and the profession, it seems that at last the Law Commission will set to reforming the law of financial provision on divorce. The significant problems of this area were addressed, but not completely resolved, in the Law Commission report Matrimonial Property Needs & Agreements.
- Journal
- divorce
- Reasonable Financial Provision
!01/07/2024 07:00
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