Blog
Removal of trustees – factors a court will consider
Cally Brosnan
14 March 2017
Practical tips on varying spousal maintenance – does life mean life?
After several cases suggesting a sea of change and an end to "meal tickets for life", the recent case of Mills v Mills may have stemmed the tide. Maintenance orders for life can hold uncertainties for both the payer and the recipient. If you are the payer, what does maintenance for life really mean? If you are the recipient, could your maintenance be terminated or reduced in the future? Either party could be subject to a variation order in the future. Whilst we cannot dissect the decision in Mills v Mills without the judgment, in this blog we set out key practical points that anyone facing a variation application (whether the payer or the recipient) may find helpful to consider.
6 March 2017
No fault divorce – taking the blame out of divorce to reduce conflict and litigation
The debate surrounding our fault-based divorce system is not a new one. However, the recent case of Mr and Mrs Owens, in which Mrs Owens appealed the court’s decision to reject her divorce petition, demonstrates the need for urgent family law reform.
Currently, in order to petition for divorce one party is required to prove that the marriage has broken down irretrievably. This can be evidenced by adultery, unreasonable behaviour, desertion or separation (of two years with the consent of both parties, or of five years without consent).
28 November 2016
Delay in making a decree absolute — an exception rather than the rule
In this blog, originally published by LexisNexis, Jane Keir examines the court’s judgment in Thakkar v Thakkar and the ‘special circumstances’ in this case that delayed the granting of a decree absolute.
23 September 2016
Mediating megastars – keeping it private and solution focused
News of megastars Brad Pitt’s and Angelina Jolie’s divorce has dominated newspapers and social media worldwide this week and is a timely reminder of how people in the public eye have to deal with intense media interest in the difficulties they face in their private lives.
One of the best ways to ensure that the terms of any divorce, whether high profile or not, are kept out of the press is to conduct proceedings in an entirely private forum such as mediation, using a private judge or arbitration. As practising mediators, we assist clients in resolving issues outside of court and regularly advise them about the benefits of mediation.
14 September 2016
Divorce and summertime blues in the UAE
The idea that spending time with family at Christmas triggers marriage breakdown has always been overshadowed by the tensions for many of the long summer holidays. In the UAE, the summer has been very long indeed this year, starting with Ramadan in early June followed by the annual “migration” during the hottest summer months and now the holidays associated with Eid. Coupled with the economic pressures and uncertainties that have marched in time with the fall in oil prices, many ex-patriot families are thinking of heading home for good and some about divorce.