All Things Family Law

It is perhaps of no surprise that the English courts have seen a massive rise in cases concerning dowry issues and, in particular, jewellery exchanged on marriage. The whereabouts of jewellery, its origins, its value and whether it has been unlawfully retained by one spouse are just some of the issues the court will need to tackle at an early stage. Gold jewellery is often a source of dispute on divorce

Double, Double ‘Goyal’ and Trouble: An Easy Way to Sharing Foreign Assets on Divorce? I n the hustle and bustle of the run up to Christmas one can (perhaps) be forgiven for overlooking the latest decision on the ability of the English courts to impose orders over foreign assets. Whilst we were all eating mince pies and watching Home Alone as if it were a new release, the court was seeking to provide clarity on an issue which is becoming so important in an increasingly globalised world. The case of Goyal v Goyal [2016] EWHC 2758 (Fam ) provides, at least in the interim, welcome guidance and reinforcement of the principles of sharing foreign assets. It is also a stark reminder of the fatality of failing to follow the correct procedures and how the court will not indulge such shortcomings even where a party does not have the benefit of legal representation (Mrs Goyal did not have a lawyer).   The (Brief) History Mr and Mrs   Goyal had been married for 8 yea...

Last week I represented a Father in an application made by the Mother for permission to permanently remove their children from the country. The final hearing was listed for five days. I would like to use this blog to briefly summarise the law as it now stands in this area and to address the old age question as to whether   a Father get a rougher ride than a Mother in cases concerning children. Does gender bias exist? The extensive arguments filed on the applicable law reinforce how the higher courts have now (helpfully) unified the approach that should be taken in these cases. We now have clarity.   Without getting too bogged down in the law, the decision in a case known as Re F (a child) (International Relocation Cases) [2015] EWCA Civ 882 essentially says the court should now adopt a ‘holistic view’ of the children’s welfare. As part of the overall welfare consideration the court needs to place appropriate weight on the strength of the relationship between the Fa...

At this time of the year we all picture the perfect family. Presents around the tree. Laughter at the dinner table. Smiles. Happiness.   Whilst that is indeed true of many families, this can often conceal the real state of a marriage.   The festive period can cause marriages that are already cracking to reach breaking point. One person may have been thinking about taking the leap of divorce for a number of months (or even years) and Christmas has suddenly crept up on them. In a period of reflection and fresh starts the New Year can be the trigger one needs to finally bring a dysfunctional or unhappy marriage to an end.    Alternatively you may have just separated or this could be the first Christmas as a separated parent.   Whatever it is, I set out below some practical legal tips to consider in this web of confusion.   Before Christmas at least find out ‘where you stand’. Do not wait to obtain legal advice. Remember your attendance wi...

    Reading that Louis Van Gaal has decided to break from Man Utd’s usual tradition of staying in a hotel by allowing the players to stay at home on Christmas night reminds me how difficult it is for football players over the festive break. Before you shoot me down in flames with the usual ‘well they get paid loads of money’ – true as that is (for a small proportion of players) – actually, having children myself, my view is that no money can replace being away from your children and family on Christmas. That thought leads me on to other points.... Many people really do not appreciate the sacrifices a footballer makes. Of course, before I proceed, I am not minimising how difficult it is for those millions of families struggling to heat their homes and put food on the table over Christmas, but that in itself does not mean there should be a complete lack of appreciation for the life of a footballer. Take a footballer playing for a club in Europe – perhaps the Eu...

Firstly, dealing with a bit of house keeping, for those of you who follow my blog, I am sorry that there has been some delay since my last posting. I am pleased to announce that my partner gave birth to a baby and as a result I have been side tracked by sleep deprivation! Turning now to this week’s blog. Being increasingly instructed by professional footballers and their partners, I wanted to spice up my blog up with a discussion about the unique considerations in cases concerning footballers and in particular the approach of the courts to maintenance awards. The Case Cases involving footballer are rarely reported. It is fair to say, however, that very few people will not have heard about the case involving Ray Parlour (Parlour v Parlour [2004] All ER (D) 105 (Jul)). There is a common misconception amongst the lay public that all aspects of the Parlour case were litigated to the bitter end and a draconian award was imposed on Mr Parlour. That, in fact, was not the case. The...

With the temperatures forecast to reach a yearly high next week, I thought it appropriate to discuss the guidance given by Mostyn J on freezing orders. The Dilemma It is not infrequent for a client to inform you in the initial meeting that they suspect there Husband (sorry chaps, it usually is!) may dispose of assets. Downloading official copies of the register of property titles at HM Land Registry is often the starting point. Unavoidable questions arise from this step: Is he taking steps to shift the asset? What are his intentions? Is this the principle asset of the marriage? What is the extent of the other assets available?

N owadays it seems that not a day goes by without your inbox being inundated with links to various websites or articles. Typically many of them are quickly discarded to the junk box. However, I could not help but feel enticed by a recent link I received ( Of course I should make clear that the inquisitiveness was purely professional and I was concerned only with the legal connotations (!)). “How relationship contracts are growing popularity - Sex twice a week” http://www.dailymail.co.uk/femail/article-2317173/How-relationship-contracts-growing-popularity-Sex-twice-week-I-agree-stay-120lbs.html In an age of increasing commercialisation, the ever growing popularity to put a legal stamp on marriages through pre and post nuptial agreements, together with the emergence of cohabitation deeds, I do suddenly wonder whether the idea of a relationship contract is not so far fetched after all. I fully understand the argument that the existence of legal documents governing a relation...