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Award That Requires Borrowing Made Into Court Order

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in...

Wife Entitled to Maintenance Until Sale of Family Home

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife...

High Court Grants Parental Order Despite Previous Adoption

In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008...

Defiance of Family Court Orders Will Always End Badly

Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that...

Divorce - Alleged Bigamy Raised in Financial Remedies Dispute

The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently . A husband made an application to strike out his wife's financial remedies claim on the basis that she had...

Court Explores Alleged 'Grave Risk' in Child Abduction Case

Cross-jurisdictional disputes surrounding child custody can be complex but, in cutting through the complexities, the courts will always focus on the welfare of the children involved, as was evidenced in a High Court case centred on a child abduction . A...

Valuable Diamond is Crux of Assets Dispute in Court

The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case , the question of whether or not a £2 million diamond formed part of such assets was the...

Ignoring Court Orders Will Always Result in Sanction

Failing to comply with court orders to bring children back to the UK, in instances where one parent has taken them abroad without the permission of the other, can come at a heavy cost. This point was underlined in a recent contempt hearing at the High Court...

Relationship Status Put Under Spotlight in Divorce Case

Divorce proceedings are rarely cut and dry, especially where the passage of time adds complexity to matters. This was certainly so in a recent case that required a Family Court judge to rule on the validity of a decree nisi . The case centred on the...

Psychotherapy Condition Leads to Contact Order Appeal

Wherever possible, the courts will do what they can to support contact between parents and children but, in some instances, that contact comes with conditions attached. The nature of such conditions was the cause of contention in recent appeal proceedings...
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