Knowledge & resources

With the outbreak of Covid-19 many of you will not be at your offices to receive your printed copy of The Review. Each issue we post the articles for The Review in the Knowledge and Resources section of the website to make them easily accessible and this month we will also be releasing the PDF of the whole issue online here.

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 this article for The Review David Burrows takes a look at the case law resulting from the period February to March 2020.

Family Law in Partnership reflections arising from Simon Sugar’s presentation for Resolution, January 2020 for The Review.

This case highlights a number of issues, including the approach to valuing/ capitalising income streams, the importance of the valuer’s market knowledge, and discounts to capitalised figures to reflect non-matrimonial source of income stream. It also shows the encouragement of amortisation and step down, and involved the phenomenon of “hot-tubbing” experts.

The fallout from the controversial judgment in F v H and what it will mean for judicial training. In this article for The Review Anna-Laura Lock and Selena Arbe-Barnes take a look at this new situation.

Is the Domestic Abuse Bill the rescue craft sought by the family justice system? This article for The Review takes a look at it.

With so many people’s financial positions likely to change suddenly, what are the chances of setting aside or varying an order made in more stable times?

With the global economic markets in turmoil, valuations being undermined immediately, many businesses on the edge of an abyss, the housing market effectively frozen and widespread furlough leave and redundancies, there cannot be a more difficult time for financial remedy practitioners to advise clients on the merits (or not) of pursuing or settling financial claims.

With Covid-19 shifting cases overnight to digital-only, there is an urgent need to consider transparency issues, as well as ensuring our clients are not being left behind in the new processes.

On 17 March 2020 the Family Division noted in a statement that “there is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible. Emergency legislation is being drafted which is likely to contain clauses that expand the powers in criminal courts to use technology in a wider range of hearings. The Civil Procedure Rules and Family Procedure Rules provide for considerable flexibility. We also encourage you to work with your local court staff to identify work which could be done from home.”

Changes to the financial remedy courts that had been planned before readers had heard of Covid-19 may turn out to have been quite spectacularly well-timed…

This article tries to answer some of the questions now faced by separated parents worried about how the current events and government advice will impact on their child arrangements – whether existing or sought. I have seen and read many social media comments about this topic. There seems to be a wide divergence of views from family lawyers up and down the country.

The Covid-19 lockdown is an incredibly dangerous time for survivors of domestic abuse. It has been widely reported that domestic abuse organisations have seen a huge increase in contact since the lockdown began. Refuge, for example, has reported an increase of online traffic to its National Domestic Abuse Helpline of 700%. Following media coverage of the helpline, calls and logs on 6 April 2020 were up by 120% compared to the previous day.

As family practitioners make a first set of emergency responses to the Covid pandemic, here are some pointers to the main issues and some sources of guidance.

During this global pandemic we are all having to operate in new ways and really understand the pressures and situations that people are facing. For those of you with Muslim colleagues and clients the period of Ramadan starts on the 23rd or 24th of April and lasts for either 29 or 30 days. With the current pandemic this may cause additional pressures for them so this article will provide you with more information in order to support them.

We bring together a selection of digital resources and learning materials that can be accessed to learn at home.

Adele Ballantyne, Director of Eleda Consultancy and Marcie Shaoul Director of Rolling Stone Coaching have come together to talk about how to effectively build online relationships with clients. Both Adele and Marcie have extensive experience of working with clients online and their work depends on quickly building a trusting mutual relationship to allow forward movement for their clients. Here they share some simple, effective strategies for working from home so that you can get the best from your meetings and more importantly build easy and solid rapport with your clients in a virtual way.

Resolution's Coronavirus email bulletin is published twice weekly on a Tuesday and Friday.

The information gathering application for family lawyers has extended its capacity into a number of new client types.

First let’s recap: for those who aren’t aware, Engage is a web application that helps prospective clients, in their own time, put together all the information a family lawyer requires ahead of a first meeting – ensuring bespoke advice can be given at that first meeting. Engage enhances the initial consultation for both the family lawyer, as they have all the facts, and for the client, as they feel prepared and informed ahead of the meeting.

An invitation to the Spanish courts provided one Resolution member – and member of the international committee – with an excellent opportunity to survey the main differences between Spanish and English & Welsh family law.