Blog
Biggest EU Digital Shake-Up Since GDPR? What Businesses Need To Know
Christopher Perrin
11 June 2021
A nervous disposition
Daniel Staunton explores the inherent conflict between the jurisdiction of the bankruptcy courts and the family courts and asks which jurisdiction trumps the other? This article focuses on the authorities in relation to section 284 and when family court orders might be liable to be set aside as void dispositions
11 June 2021
Convergent Divergence: When bankruptcy and the family courts collide
What often happens when the insolvency courts and family courts collide; the potential effect a bankruptcy order of one spouse can have on a financial order made in favour of the non-bankrupt spouse and the different tests of each court.
12 November 2020
Avoid courts to lessen the pain of family break-ups
We need to move away from legal disputes for separating families to help to build better relationships and cause less harm. Society’s approach to divorce and separation has to change. A report published today by the Family Solutions Group calls for a rethink.
31 July 2020
Claiming for maintenance in England when divorcing elsewhere in the EU: Will Brexit close the Villiers loophole?
The Supreme Court recently made clear in Villiers v Villiers [2020] UKSC 30 that divorcing in one EU country does not prevent a party from making a separate claim for maintenance from their spouse in England and Wales. The case therefore demonstrates the possibility of ‘forum shopping’, where a party seeks to bring a financial claim in a jurisdiction (country) that is more convenient or provides a more generous maintenance provision than the jurisdiction in which the divorce is taking place. However, the loophole relies on an application of the EU Maintenance Regulation which will cease to be in force in the UK on 31 December 2020. This blog considers the case of Villiers and how Brexit will affect the current position.
10 July 2020
Co-parenting during COVID-19 – what if we cannot agree on our child returning to school or nursery?
We recognise that the last few months have been testing for many separated parents who have been co-parenting throughout the pandemic – with home schooling and juggling work and child care commitments between two households. With the uncertainty as to whether schools can safely reopen fully, some separated parents may well find themselves disagreeing on whether their child should attend in such circumstances.
