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.

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

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

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...

Many will be blissfully unaware that a new Universal Credit was introduced by the government in 2012 as part of its welfare reforms. It replaces seven of the means tested benefits including child and working tax credits. It has already been introduced in different parts of the country and now the Tories have obtained a majority it is going to be phased out across to all parts of the country by 2017. What does this mean for me? It will mean that if you receive tax credits (or other means tested benefits) you will receive just the Universal Credit. Given that the government needs to find £12bn in welfare savings I very much suspect its introduction will mean, in one way or the other, some form of cut to the amount of financial help you receive. Why is a family solicitor telling me this? Good point. Well, there is more… Presently any child or spousal maintenance payments from an ex-spouse are not taken into account when calculating tax credits. They are completely ign...

    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...

For some time now I have advocated the need for the profession to implement a more flexible and modern way of charging legal fees. There is a growing dissatisfaction amongst the public with the traditional way of structuring legal costs. Clients, understandably in my view, are craving more certainty with what a divorce is going to cost. The problem exists in the very nature of the proceedings. Decisions made in divorce and family law cases are often shrouded by emotion. A difficult opponent, intent on making sure his or her spouse does not receive a fair share of the assets, does nothing to dilute this toxic mix. Throw in expert fees and suddenly you have a recipe for growing costs. Against this background it remains very difficult for a family lawyer to provide a truly accurate estimate at the outset. Indeed, and this is one of my ‘pet hates’, a sharp practice has developed amongst some firms who will underestimate at the outset to secure the instructions of the client only for...