Knowledge & resources

This chapter covers issues in jurisdiction on divorce, such as stays within the E.U., division of assets, spousal maintenance, child maintenance, stays outside the E.U. and same-sex couples.

Family law practitioners should also bear in mind key factors such as choice of court and law when advising on and drafting marital agreements for international parties.

A forced marriage is one which takes place without the full and free consent of both parties.

This chapter should be read in conjunction with chapter 3 on the recognition of foreign marriages. Under s.51 Family Law Act 1986, the recognition of a divorce may be refused if the validity of the marriage is in question.

This section outlines the law and the principle concepts surrounding recognition by the courts of England & Wales of foreign marriages.

Family courts in England and Wales are increasingly dealing with international family law cases – much more so than even just a few years ago – indeed there is every likelihood that Brexit will increase the amount of litigation in England and Wales.

This chapter summarises some preliminary issues the family lawyer must consider when accepting instructions in a case that may involve issues beyond the domestic jurisdiction of England & Wales, including other jurisdictions within the United Kingdom and the British Islands.

Subject to the rules on vexatious litigants, anyone is entitled to act in person. However, there is a tendency to treat people who do as a nuisance. With the reforms to family justice, cut backs on legal aid and changes in behaviour in relation to the ways in which people approach family relationship breakdown, it is increasingly likely that you will deal with litigants in person and you should consider how your dealings will differ from those with another lawyer.

Families come “in all shapes and sizes” and the law is constantly evolving to respond to changing circumstances. This workshop at the Dispute Resolution Conference 2018 ran through some of the key developments and Mary Raymont reports back on it.

The Guides to Good Practice build on the Code of Practice by developing the ethos behind it into areas of practice. They are intended to help demonstrate the way in which the Code should be applied in day-to-day situations. This guide focuses on referrals to contact centres and the best practice needed in these cases.

The Henry Brown Lecture at the Dispute Resolution Conference 2018 was delivered by Dr Amita Sehgal, a psychoanalytic couple psychotherapist with the Balint Consultancy. Annmarie Carvalho provides an overview.

Written correspondence, such as emails or letters, is still the main method of communication in family disputes. The impact of letters and emails can be significant; therefore, consider who the recipient is and what you hope to achieve with the communication.

In this recording, the President of the Family Division, Sir Andrew McFarlane, addressed Resolution's Regional Liaison Committee meeting on 8th May 2019 in London.

Resolution's National Chair, Margaret Heathcote, talks to Rebecca Bailey-Harris, as part of LexisNexis's Family Law Insights series.

This is the Finance Update presented at Resolution's National Conference 2018 in Bristol by Grant Howell and Andrew Newbury (20th April 2018).

Listen to the Children Update presented at Resolution's National Conference 2019 by Elspeth Thomson and Samantha Little (5th April 2019).

Resolution is producing regular briefings on Brexit. This is the March 2019 edition.

On 6 March 2019 a select group of family lawyers came together in Resolution’s new offices to discuss the ‘mad riddle’ of Brexit, and the implications of a no deal scenario. Are there any positive possibilities on the horizon – the end of the EU Maintenance Regime perhaps? Or are we throwing away decades of careful co-operation, just as international elements of separation are on the rise? The debate may be academic by the time you are reading this, but the issues are likely to be in play one way or another for years to come.

Resolution held a roundtable discussion to consider the possible implications for family law practitioners of the UK exiting from the EU without a deal.

A follow up to our previous joint note with The Law Society providing guidance to family law solicitors in the case of a no-deal exit from the EU.