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Top Ten Myths in International Family Law

There are a lot of myths and misconceptions about international family law issues. Here is our top 10:

When young love comes to an end; arranging the finances after a short marriage or civil partnership

Stuart Clark, associate solicitor at The International Family Law Group LLP, discusses practical points to consider when separating after a short marriage or civil partnership.

Changes to Forms A and A1 from 4 June 2018

New Forms A and A1 were launched yesterday, 4 June 2018, to cater for the changes to the Family Procedure Rules 2010 introduced and in place also from yesterday pursuant to the Family Procedure (Amendment) Rules 2018. All applications lodged at court from 4 June 2018 onwards must be on the new forms and the old forms will no longer be accepted.

Villiers: Divorce and Financial applications involving England and Scotland

Stuart Clark, associate solicitor at The International Family Law Group LLP, discusses the outcome in Villiers and the impact on divorce and financial proceedings taking place in England and Scotland .

Non-disclosure and breach of Court Orders: How an 83 year old millionaire of ‘good character’ ended up in prison

A family court can sentence someone to prison for contempt of court.  This can occur where there has been wilful disrespect of legal authorities or where a party has failed to comply with a court order.  Although family proceedings are in the family court and not in the criminal court, this does not absolve parties from criminal culpability and sanctions.

Australia ends requirement to file exhibits at the family court: should England and Wales follow suit?

A recent change in the rules of the family court in Australia ends the requirement for exhibits both generally and specifically to be filed at the court.  Should England be following suit?  They take up a huge amount of space in the paperwork at the court office.  They are often duplicated in the bundle which is filed the court for any hearing.  Many of them are never looked at again after filing.  This article looks at what could be procedural reform in England.

Consequences of real-time digital family court filing: Respondent dying within hours of the electronic filing

With online divorce being available for use by lawyers in only a matter of weeks, the consequences in practice will be more widely debated than just hitherto by a few of us family law geeks.  I am very grateful to Rob Glade Wright of The Family Law Book of Australia (https://thefamilylawbook.worldsecuresystems.com/) for bringing to my attention a recent decision where the family court procedure rules, as in Engl

Relationship Status and Related Legal Rights

As stated in a recent online article for a national newspaper ‘Statistics show that two thirds of cohabiting couples in England believe that they have automatic rights or the same rights as married couples/couples in a Civil Partnership, simply by virtue of the fact they live together.[1]

Specialisation and the Financial Remedy Court with a Proposed New Form A

In his latest view from the President’s Chambers Sir James Munby sets out his plans, following consultation, for specialised regional Financial Remedy Courts and for a proposed new Form A.

A matter of trust: Should trust assets be considered in divorce cases in England & Wales?

Divorce often brings out the defensive instinct. "It's mine, hands off!" is a common retort amongst parting spouses.

For the most part, it will be obvious that a particular asset belongs to one of the spouses: for example, the family home (in either party's or in joint names) will invariably form part of the family assets which a court may then be asked to divide between the parties.

But in the less public world of trust law, whether the monies held in a trust "belong" to a spouse can be the subject of fierce debate. Divorcing parties may hold entirely different views about how to treat trust funds: one party saying that the trust monies should be poured into the matrimonial pot for division, the other saying that the trust as a separate entity should remain untouched.

Many trusts contain considerable sums of money and so the way in which they are treated by the family courts and divorcing parties can significantly impact the level of resources potentially deemed available for division upon divorce.

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