Knowledge and resources

A recent series of cases suggests there is a new imperative for out-of-court resolution in Schedule 1 cases.

In Azarmi-Movafagh v Bassiri-Dezfouli the Court of Appeal reinstated a lump sum towards the husband’s legal costs to avoid depleting housing fund.

Seven years have passed since Mostyn J said it was time to “actually do something” about disproportionate costs…

LawCare has released findings showing legal professionals at high risk of burnout, with 69% having experienced mental ill-health, and one in five bullied, harassed or discriminated against at work.

A combination of circumstances and pressures led one family lawyer to shift over entirely to mediation. So how has it worked out?

Just as Resolution was surveying members on the future of family practice, Irwin Mitchell asked 1,000 divorcees about their experiences. Both surveys pointed rather dramatically in the direction of non-court dispute resolution processes…

The essence of good Resolution family practice is to assist people through their family dispute in a way that best serves their personal and family interests, especially if there are children involved.

Diwali or Deepawali (latter meaning “row of lighted lamps in Sanskrit) is one of the major festivals celebrated by Hindus, Jains and Sikhs (Bandi Chhor Divas) and Newar Buddhists. Each have their differing beliefs, rituals and regionally across India, the worship of different deities to mark the occasion. It is one of the social festivals of India that has an array of other national and dharmic festivals for celebration.

We hope the Innovation Group’s Modern Work survey will give members an opportunity to pick up ideas or learn from the changes others are making, and also identify areas and ways of working which they may prefer to focus on.

Cohabiting couples currently have little legal protection when they separate. A legal framework of rights and responsibilities when couples (not married or civil partnered) who live together split up is needed to provide some legal protection and secure fair outcomes at the time of a couple’s separation.

For every issue of The Review we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

The Review catches up with… Cris McCurley of Ben Hoare Bell, who won the Family Award at this year’s Legal Aid Lawyer of the Year Awards, which Resolution was proud to sponsor. Cris is an expert in forced marriage, honour-based violence and FGM cases, and is described as the “go-to” solicitor for multiple charities supporting victims of domestic abuse. Resolution would also like to commend the runners up: Novlet Levy and Oliver Conway.

Mediators clearly have a great deal of influence over the structure and conduct of the negotiation process. So what happens if they get it wrong?

The rules around pension sharing orders are complex and fraught with risk…

AEOs can be powerful tools to ensure payment so maintenance, but the exact rules are rigid and need to be followed carefully.

In Derhalli v Derhalli [2021] unexpected developments in the housing market pending sale of the FMH could not change the fundamentals of an already-agreed consent order.

ND (by her litigation friend KW) v GD [2021] EWFC 53 saw the court – in circumstances of a party’s declining health – assess the appropriateness of a clean break, the factors to taken into account when assessing needs, and the source of the family wealth.

16 February 1984: Torvill and Dean had just won gold at the Winter Olympics in Sarajevo, and Frankie Goes to Hollywood’s “Relax” was continuing its five-week reign at number one. The then Attorney-General Sir Michael Havers was also addressing the Commons as to what would become Part III of the Matrimonial and Family Proceedings Act (MFPA).

Mostyn J has raised the spectre of a Supreme Court reconsideration of financial claims following the death of a party.

Re H-N & ors provides a very useful steer on a number of significant issues in children proceedings where allegations of domestic abuse are made.