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Equality of Division of Assets on Divorce Abolished? Hardly

The popular press has made a great deal of a recent Court of Appeal case , reporting that there had been a significant departure from the general principle that the assets built up by a couple during their marriage are to be split more or less equally on...

Court Unsympathetic When Mum Takes Law Into Own Hands

No matter how much you may be tempted, taking the law into your own hands is not a good idea. When a mother who was divorcing her husband in Hawaii obtained the agreement of the US court to take the couple's children, aged 9 and 11, back to the UK for a...

Skulduggery in Divorce Proceedings Will Do You No Good

Resorting to skulduggery in divorce proceedings is sadly common but almost never does either side any good. That was certainly so in one case in which a man surreptitiously took documents from his ex-wife's home and sought – unsuccessfully – to...

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...
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