All Things Family Law

Given the increase in the population of the Asian community over recent years, it is perhaps 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.

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...

Perhaps, the first question you ask a client, to ascertain whether a removal is or isn’t wrongful, is whether such removal was consensual, by that we mean (in broad terms) by implied or expressed consent. In most cases, on taking evidence from the client, this is clear cut and one can be advised clearly on the redress available to them. However, from time to time this important issue can give rise to grey areas, the outcome of which can underpin the outcome of inevitable litigation. The point is highlighted in the recent case of N v A (Abduction from Pakistan) [2013] EWHC 3954 (Fam). The case also cements the principle that, once a return order has been made, the jurisdiction to decide the outcome of the case lies with the country in which the child has been declared habitually resident. The Case The case concerned a girl aged just 3 years old. Her Mother, who lived in Pakistan and was a Pakistani National, applied for the return of her daughter. The Father, who was a Brit...