Although there has been more emphasis put on ex-spouses to provide for themselves financially following a divorce, a recent study has found that settlements made by the family courts in England and Wales are one of the most generous in the world.
A divorce judge has granted a woman who quit her career to care for her children the vast majority of the family fortune. Jane Morris left her career as a recruitment consultant so that her husband could continue his high-flying career for over 20 years.
A divorce expert has warned of the dangers that can arise from using social media when going through a divorce. A representative of Consensus Collaboration has stated that social media posts could affect both the financial and emotional outcome of a separation.
A new study has revealed that unmarried couples living together are being ignored by the National Insurance system despite the fact that more than six million people cohabit.
Although some have claimed that the start of January, or the third Monday in January is the busiest day for law firms regarding divorce, the family charity, Resolution, has stated that they have little evidence to support such a statement.
A woman was unable to divorce her husband citing adultery because he had affairs with men rather than those of the opposite sex.
Season’s Greetings and our very best wishes for a happy and prosperous New Year from everyone at Gregorian Emerson Family Law Solicitors.
Same-sex couples currently in a civil-partnership will not pay a fee for converting their civil partnership to a marriage, beginning 10 December for one year .
A new Child Maintenance Service was launched this week (30 June 2014). The new system is design to provide greater support and encouragement for separated families to reach an agreement on child maintenance payments in order to allow more time and resources to be dedicated to the most extreme cases.
In this two-part article Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors explain the difficulties they perceive with the arguments relied on by critics of Payne v Payne and why the focus in defending these critically important proceedings should be on ensuring due process. The second part of the article will appear next week.
Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors argue that the focus in defending leav to remove proceedings should be on ensuring due process.
Showing how unique the circumstances can be in these types of cases, the leave to remove application was by the father in this instance and related to 2 children aged 16 ½ and 12. At 1st instance, the father was granted permission to relocate with the children even though mother had residence and was the primary carer and he only had the stereotypical alternate weekend and one day midweek contact. Both children expressed a wish to relocate to Canada with their father. Indeed after the permission was granted the eldest left so the application was essentially whether the youngest should also be allowed to relocate. That depended upon an assessment of the youngest child's needs quite separate from the understandable driver of keeping both siblings together. On that basis it was held that the child the subject of the appeal (“C”) should remain in England.
This is often quoted as the case which confirms judicial unhappiness with the current Payne V Payne discipline in deciding leave to remove cases.
This was a full appeal hearing by a father who had been unsuccessful in opposing the applicant mother's relocation application to Australia. This case is important because it looks at the effect of whether due process evidentially had been respected. There had been no CAFCASS report and the father alleged the mothers mental health had not been so serious as to persuade him from making an application to remove the child from mother’s care.
This case is important important for a number of reasons.
Following a recent intensity in the number of leave to remove cases, the case of R & another v A was decided by Sir Nicholas Wall, The President of the Family Division.
Proving "Alcoholism" (Alcohol Dependence Syndrome) in Family Law: the Implications for testing in London Borough of Richmond v B and Others [2010] EWHC 2903 (Fam) (Mr Justice Moylan)
This case is another illustration of the fact that if judges have concerns about granting permission for relocation-in this case on the grounds of the applicant mother's negative feelings towards the father then it will balance out the maternal distress argument in order to allow the unique features of that case. This case was a permission to appeal case which meant that the applicant mother did not even get off the blocks in seeking to reverse the trial judges refusal to permit the child concerned to relocate in order that she could live with her English born husband who had lived in Australia for 23 years.
In order to best instruct and interact with a court-appointed expert psychiatrist or psychological strategist in family law proceedings, your legal adviser must not only have sufficient expertise to understand how those professionals approach their task but also how the subject matter of their assessment (be it one or both of the spouses, cohabitees or parents) may also approach what is essentially a high-stakes, involuntary assessment of their mental state/personality.