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Mothers Denied Child Residence Orders

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create significant issues as far as the children are concerned and disputes in such cases are common. In a recent...

Court Unwilling to Force Family Home Sale

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when her husband was made bankrupt shows. When he faced financial difficulties in 2005, the husband raised a...

Failure to Take Advice Proves Costly in Family Arrangement

No matter how much you may trust relatives or close friends, you should never sign important documents without independent legal advice. In one case that proves the point, a man put his name to a deed that was put before him by his brother but which...

High Court Encourages Social Workers to Make Use of Facebook

In the Internet era, it is wholly acceptable to use Facebook or other social media to make contact with those who have to be notified of family proceedings. The High Court made that point after being forced to abandon an adoption hearing due to a failure...

Giving Up Your Career to Get Married? Think Twice!

A person who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their relationship ends in divorce. The Court of Appeal made that point in ruling on the case of a former headteacher...

Divorce: Asset Division Not Always Equal

In general, there is a presumption that on divorce the assets will be split more or less equally, but that is based on case law interpretation of the Matrimonial Causes Act 1973 , not statute. Currently, a Bill in the House of Lords (the Divorce (Financial...

Court Enforces Pre-Nuptial Agreement

When the marriage of a wealthy couple broke up, the English court had the opportunity to consider the impact of two pre-nuptial agreements the couple had made before they wed. The couple, both Swedes, married in 2000 and had had two children by the time...

Court Corrects Bureaucratic Nightmare for Family

One of the most important roles played by judges is to protect individuals against unlawful treatment by the state. In one unique example, the High Court came to the aid of a couple who found themselves caught in a legal nightmare after their twins were...

New Powers Proposed to Make Family Financial Settlements Effective

The problem of making family financial settlements or court rulings in divorce 'stick' is well known. Following an extensive consultation process, the Law Commission has made proposals designed to improve the situation for those affected when payments are...

Court Orders Must Be Obeyed - But Caring Pensioner Was Wrongly Jailed

Disobeying court orders is ultimately punishable by imprisonment – but only as a last resort. In the context of a family case, the Court of Appeal has ruled that a woman in her 70s, who honestly believed that she was doing her best for a vulnerable...
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