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New Practice Direction signals further step forward for online divorce (although practitioners will need to wait a bit longer to take part in the pilot)

As we discussed in our previous article, online divorce became available to litigants in person in England in May 2018 and then to selected piloting firms in July 2018.

Matrimonial Property and Risk: A brief analysis of the Court of Appeal judgment in Martin v Martin

A recent Court of Appeal judgment has considered the tricky area of how business assets should be dealt with on divorce.

The case is Martin v Martin B6/2017/1509 and the leading judgment is given by Lord Justice Moylan which addressed both an appeal by the wife and cross-appeal by the husband. Essentially, the appeal boiled down to two questions:

How can I change my financial settlement?

By Stuart Clark & Emma Chowdhury 

The English Family Courts strongly encourage any financial order made upon divorce or civil partnership dissolution to be final, i.e. not changeable after the event. This applies equally to orders reached by consent as it does to orders imposed by the court following a contested final hearing.

The Court of Appeal judgment in Bräck v Bräck: international marital agreements scrutinised by English Court of Appeal

By Michael Allum, Rachel Roberts and Sarah Basso

What to expect in your first meeting with a family law solicitor

Booking an initial appointment to see a solicitor can feel like a very daunting experience. It doesn’t need to be that way.  This gives some guidance on what to expect together with some pointers of what you can do in advance to get the most out of your first meeting with a solicitor and make it time and cost effective.   

The UK government produces family law legislation for no deal on Brexit

The UK government has just published this week a statutory instrument to provide for family law matters in the event of a no deal on leaving the EU.  It will be laid before the House in the next few days.  It has already been discussed by the Scottish executive.  This initial note examines the legislation which will be much considered by the profession in the event of no deal.

C v C: Applying Waggott to post-separation earnings

In C v C [2018] EWHC 3186 (Fam) Mrs Justice Roberts applied the principle confirmed in Waggott v Waggott [2018] EWCA Civ 727 to the product of income acquired post-separation, but prior to a financial settlement.

In Waggott the Court of Appeal posed the following question:

The importance of financial disclosure in English divorce proceedings

Every divorce is different. Every family has a different way of organising their finances and has come to their current financial position through their own unique journey.  If, however, financial proceedings are required to resolve division of assets and income on divorce then everyone must start by setting out their financial circumstances in the same format, the Form E.

Family Law in the EU draft Withdrawal Agreement

Headlines

Who gets the dog when couples divorce?

Celebrity Ant McPartlin is in the news again in the next instalment of his divorce from Lisa Armstrong, this time apparently arguing about who should get their beloved dog. When a relationship breaks down bitter custody battles can occur regarding who keeps the pet.

Heated arguments often ensue, and thousands of pounds can be spent in legal fees as emotions often run high. Sometimes disagreements over pets can derail the entire financial settlement negotiations.

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