Blog
Removal of trustees – factors a court will consider
Cally Brosnan
23 October 2013
Recognising the wishes and feelings of children - how old is old enough?
Children grow up so quickly. They have opinions from a young age and our society encourages children to be confident and to speak out. From age 14, they make decisions about which GCSE and A Level subjects they want to study, which will impact their careers and the rest of their lives. But, at what point does the law recognise their opinions?
9 September 2013
Protecting yourself against future financial claims decades after marriage breakdown
The recent case of Vince v Wyatt [2013] EWCA Civ 495 is a stark example (and warning) of why it is becoming increasingly important to obtain a final financial order if you have taken the decision to get divorced, and why you should always retain any documentation relating to your divorce and financial matters.
22 August 2013
Preparing for marriage: the views of a family lawyer
All relationships require give and take from both parties and can, in spite of good intentions, be hard work at times.
I recently attended a marriage preparation meeting with my fiancé, run by our vicar ahead of our summer wedding. It made for an interesting discussion, during which we were asked some rather probing questions including; how well we communicate; how we manage our finances; whether we want children; what common interests we hold; how much time we spend together and how we intend to manage our finances (particularly if we have children).
29 April 2013
Family justice reforms: The demise of legal aid, the rise of the litigant in person and what lies ahead for family law
The government overhaul of legal aid (public funding) came into force on 1 April 2013 and is due to affect the entire justice system. Criminal barristers have begun striking, court staff are already striking and, with the family court system at breaking point, litigation is becoming even more of a last resort for privately paying clients.
14 March 2013
Dignified divorce - reforming the blame game
It is rare for there to be contested divorces. It involves the distressing situation in which one party argues that the marriage can be saved in spite of the other party’s assertion that it has broken down irretrievably. In a recent case, a husband tried to prevent a divorce after his wife based the petition on an argument about her map reading skills whilst on a wine tasting holiday in Burgundy (presumably amongst other things). He claimed that his wife had not provided the judge with anything that proved the marriage had irretrievably broken down. However, the court refused the husband permission to appeal and allowed the divorce to proceed.