The family law landscape is changing. The focus is now more than ever on working together to find a resolution. With the introduction of the HMCTS online platform making it easier for clients to complete their own divorce online and the implementation of no-fault divorce in April 2022, family law could see an increase in families trying to work through difficulties outside of the court arena, through out-of-court dispute resolution methods, and primarily through mediation.
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Following the expert guidance of Karin Walker and Dr Supriya McKenna in this workshop, I can now identify cases which have the potential to keep me and other family practitioners awake at night where narcissistic personality disorder (NPD) is an issue.
In this workshop a panel of Alex Verdan QC, Charlotte Bradley and Dr Mark Berelowitz, chaired by Simon Blain, provided a fascinating and extremely useful insight into high-conflict parental disputes from their wide-ranging perspectives.
Divorces with a foreign element continue to rise, and in uncertain economic times, locating and valuing assets can require specialist input.
Two recent cases highlight the procedural difficulties and the court’s case management powers
Resolution has worked with The Law Society on a note to assist family lawyers in England and Wales ahead of the end of the Brexit transition period in relation to divorce and finance cases, and domestic abuse cases. We have also worked with the Association of Lawyers for Children on a note for children practitioners.
HMCTS has revealed the most common reasons why online divorce petitions are rejected or errors are encountered. Follow these top tips to ensure your online application goes smoothly.
You can apply for a divorce if you have been married for more than a year and can show that your marriage has irretrievably broken down. Currently this is done by proving one of five facts – adultery, behaviour, desertion, 2 years separation with consent, or 5 years separation.
Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experience both sides of a criminal investigation in representing both complainants and the subjects of those complaints.
We often receive enquiries via family lawyers from complainants, or potential complainants, seeking advice on the procedure and likely consequences of criminal investigations and proceedings. Whilst it is not usually necessary for complainants to receive formal criminal law advice (although this can be arranged, for example where a client is particularly anxious about the process of providing evidence to the police, or where there is a risk of a counter-allegation), we are always happy to share the benefit of our experience.
It is hard sometimes to help parents focus on the legalities of the divorce when they are in emotional turmoil and looking to their lawyer for emotional support. So how do we define our boundaries in a way that is both supportive for our clients with children, and helpful for us?
In the conclusion of a two-part article on the modern law of pre-nups, we explore how the law has developed with respect to pre-nuptial agreements since Radmacher and reflect on what this may mean for the future.
In the first of a two-part article in The Review on the modern law of pre-nups, we look back on the Supreme Court decision in Radmacher and consider how best practice has evolved in this area.
A court-appointed receiver is a fairly draconian step, but is worth considering as one possible strategy for an unco-operative ex-spouse.
Sadly, it is not an uncommon scenario: following hotly contested divorce proceedings an order is made that requires one spouse to make financial payments over a period of months or years to the other.
The Divorce, Dissolution and Separation Bill will have its second reading in the House of Commons on Monday 8 June 2020, having passed the Lords stage with support from across the Chamber. The Bill will allow couples to divorce without having to assign blame.
Must the judge who was present at the FDR hearing be disqualified from considering those points? This was the question that needed to be determined in the recent High Court case of Shokrollah-Babaee v Shokrollah-Babaee. Austin Chessell reports for The Review.
Universal credit has been on the cards for what seems like years now, but its malign effects are starting to show up in cases. Anita Mehta looks at this for The Review.
Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in recognition of this increasing role that this guidance note on dealing with them has been revised. If these agreements are not a mainstay of your practice then it is important for you to consider instructing specialist counsel to provide an opinion on the content of the proposed agreement, review the advice you have given or draft the agreement itself.
Divorces with an international element can get more complicated, but we've answered some common questions below.
The rules around the validation of overseas divorces are not clear-cut, and may require expert evidence from the country where the divorce was obtained