Separation and Divorce

Marital agreements are not yet part of English cultural life. But undoubtedly family lawyers are now being increasingly asked to draft them. For many of us, our continued anxiety and worry is the pressure put on the financially weaker party, often although not always the wife, to enter into an agreement which is less good than relying on the law. Sometimes it can be very disadvantageous.

by Emma Nash

Q: Why does the timing matter of the application for the final decree of divorce?

A: Because it brings the marriage to an end.

by David Hodson OBE

What is the situation? 

A couple on relationship breakdown abroad reach a financial settlement which involves sharing a pension based in England and Wales, sometimes based in the UK.  It may be pursuant to a foreign court order or a binding financial agreement.

What is the attitude of English pension companies?

David Hodson OBE 

by David Hodson

What is the jurisdiction for divorce in EU countries? This seems a strange question to ask 13 years after the ground-breaking introduction of identical divorce jurisdiction across the entire European Union.

By Fatimah Basama

Planning a dream wedding can be hugely stressful at the best of times. At the worst of times, however, the dream can turn to a nightmare for some Muslim women who may later realise that their marriage is not recognised as valid under English law.

European Parliament 16 May 2018

Speech by Prof David Hodson OBE MICArb

The procedure for the dissolution of Civil Partnerships is quite straightforward. Here is our iGuide to the process.

Divorce is usually quite straight forward, particularly when both partners agree that the marriage is over. Here's our guide to the divorce process.

The family court has wide powers to make financial orders. Here is our iGuide setting out the types of issues that the court will take into account when making a financial order.

If you were married outside of England and Wales it is important to know whether your marriage will be recognised here. This iGuide explains the requirements for a marriage to be recognised here.

On relationship breakdown there is potentially opportunity to divorce or dissolve your civil partnership in more than one country. This iGuide sets out some of the things that you should take into account when deciding where to divorce.

The court process is designed to encourage parties to reach agreement with the assistance of the court. Our iGuide sets out in detail the court procedure for resolving financial matters.

Where you can potentially divorce in one or more European Country extreme caution is required. Our iGuide sets out a little more of the difficulties in this situation.

This iGuide explains some of the issues where one or more countries (one being outside of Europe) can potentially deal with a divorce.

This iGuide provides an introduction to tax issues on divorce for the tax year 2016/2017.

The enforcement of orders made abroad in England is a complex area. Here is our iGuide to the process.

David Hodson speaks on what is the law in England on financial outcomes on marriage breakdown. It has been the subject of two major House of Lords decisions and numerous Court of Appeal and High Court reported cases in the past six years. Yet many practitioners in England and abroad are confused by what is the state of the law. One thing is certain, looking to statute law will not provide an answer!

David Hodson speaks on family cases with an international dimension. For a lawyer dealing primarily with purely national cases, it can be rather a shock when a case arrives with an international element. What should the practitioner be alert to and what issues should be looked at?

Lucy Loizou interviews Lucy Greenwood about the divorce process in England and Wales, and Lucy Loizou explains the importance and procedure of obtaining a divorce in the Ecclesiastical Court (the Greek Orthodox Church) following an English civil divorce

Lucy Loizou and Denise Carter OBE discuss alternative methods of resolving family disputes without the need of going to Court

Stuart Clark and Lucy Loizou discuss the rights of unmarried couples and their children

Lucy Loizou and Ann Thomas offer guidance to parents who are thinking about permanently relocating abroad with their child/children

This programme gives an overview on achieving divorce amicably and gives guidance to viewers about the key considerations in this area of the law

This article proposes formulae for calculating capital distribution and spousal maintenance on divorce. It does not seek to replace or reform the law. It seeks to help some couples and lawyers make better progress to a settlement and provide more certainty and predictability. The formulae are relatively easy to operate and can be adapted to IT Web based resources.

David Hodson speaks on the grounds for jurisdiction in divorce cases. This covers the notorious first to issue principle which applies in any case in which another in European country might be involved.  Specifically  it looks at good practice in the issuing of divorce petitions in such cases.

David Hodson speaks on the concept of residence in English law, as it is the primary basis for jurisdiction. There have been recent case law developments bringing England closer into alignment with the European family law.

Lucy Loizou talks with Hannah Budd about the recognition of foreign marriages and divorces and whether you can claim further financial provision in the event that you have been divorced abroad and feel that you have received an unfair financial outcome

Fatimah Farag, assistant solicitor, looks at the recent decision of AAZ v BBZ and the Court’s approach to the parties’ huge levels of wealth.

AAZ v BBZ, C Ltd and P Ltd [2016] EWHC 3234 (Fam), a financial relief case heard by Haddon-Cave J in late November and early December 2016 with judgment released on 12 May 2017, sees the High Court make one of the largest awards in an English case. 

This article looks at what factors are taken into account when a divorcing couple has to separate their financial assets and also considers what the split will be and how that split is calculated.

Even though there has been a divorce abroad the English Family Court has discretion to make a financial order against a former husband or wife. This can overcome financial hardship when the divorce courts of the other country made an inadequate financial settlement.

With more people marrying abroad it is essential that couples consider the legal and practical implications of their foreign marriage.

David Hodson's summary of the content of the Regulation drawing attention to crucial elements for practitioners, clients and future policymakers

A ten minute motion will be debated in the House of Commons today at the instigation of Conservative MP Richard Bacon seeking to bring in a Bill providing for “no-fault” divorce in England and Wales.

The current law provides that the only ground for divorce is the irretrievable breakdown of a marriage. This requires one of five “facts”:

There are many different ways to resolve cases without the need to go to court. Here is our iGuide in relation to out of court settlements.

iFLG have submitted their response to the Law Commission’s consultation in relation to the enforcement of family financial orders.

Introduction

This paper is the response of The International Family Law Group LLP (iFLG) to the Ministry of Justice’s (MOJ) proposed amendments to Part 9 of the Family Procedure Rules 2010 (FPR).  We are pleased that the MOJ has decided to consult in relation to these issues which have the potential to have significant repercussions for national and international families.

By David Hodson OBE MICArb

Michael Allum and David Hodson with Stuart Clark

On the evening of 17 July 2017 the profession was notified of the Family Procedure (Amendment No. 2) Rules 2017 which will come into force on 7 August 2017, less than three weeks ahead, with some transitional provisions until 4 September 2017.  Accompanying it was a dramatic change in the look and style of the divorce petition, to take effect this summer.  Undoubtedly it is a precursor to online divorce.