All Things Family Law

There are various versions of the myth about gold and rainbows. Perhaps the most ancient version goes that fairies with great wealth buried their treasures and gold at the end of the rainbow, guarded by Leprechauns. Any experienced family lawyer, therefore, has to be on alert to the fact that the colour of one’s disclosure might in fact be caused by reflection, refraction and dispersion of light.

With Brexit dominating the political arena, one could be forgiven for failing to notice that in December 2018 the Divorce (Financial Provision) Bill had its third reading in the House of Lords and is continuing to make its way through Parliament.    Such is the concern within the family law community that the Law Society Gazette reported earlier this month that Lady Hale, the President of the Supreme Court, had taken the highly unusual step of criticising the bill ( https://www.lawgazette.co.uk/news/hale-risks-political-storm-by-questioning-legislation-before-parliament/5070911.article ). So what is it all about? The bill, if it passes through parliament and becomes law, proposes to radicalise the way financial settlements are made on divorce. It seeks, in some respects, to pull the rug from beneath the discretionary feet upon which the family courts presently make decisions, potentially removing the uncertainty as to a spouse’s entitlement on a di...

Parental alienation is very serious. It undermines the very fabric of a child’s emotional well being. But it is complex. The court must assess all of the evidence. Why does the child not want to see the other parent? Is it justifiable? Have they witnessed abuse? Is this creating a distorted sense of loyalty to one parent? Or is the child a pawn in a game? These are just a few of the questions that need to be considered. As a family lawyer I can say that I have been on both sides of the fence. Whilst of course the evidence and how you present it is key, a crucial element to any such case is the observations of Cafcass (they are the eyes and ears of the court and will advise the court). Set out below is a tool kit applied by Cafcass as behaviours indicative of alienation. Typical behaviours exhibited by a child where they have experienced alienating behaviours

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...

How much a particular course of action is going to cost and how these costs are going to be met should be high on the agenda at the outset. This has grown in prevalence since the legal aid reforms severely restricted access to legal services. Parliament has sought to react, and to some extent dilute the impact of the reforms, by introducing, into legislation, the ability for a party to apply for a Legal Services Payment Order under s.22ZA of the Matrimonial Causes Act 1973. This is an order requiring your spouse to fund your legal costs, usually, and initially, until the Financial Dispute Resolution Hearing (the second hearing where constructive discussions and negotiations are held before a District Judge who will provide an indication to assist you in reaching an agreement)

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...