divorce
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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SK v RR [2024] EWHC 1418 (Fam)1 May 2024
HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings.
- Cases
- Forum Conveniens
- divorce
- Jurisdiction
Fair Shares and the Financial Reality of the ‘Everyday’ Divorce
The Fair Shares research study provides the first nationally representative picture of the financial arrangements made by divorcing couples in England and Wales.
- Journal
- divorce
!13/03/2024 07:00
The Other Half
Solicitors acting for clients in divorce and financial proceedings have a symbiotic relationship with those clients. They provide the solicitors with fees, which are the lifeblood of any law firm, and in turn the solicitors provide the clients with advice and legal representation at one of the most fraught periods of their life.
- Journal
- divorce
!21/11/2023 07:00
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