Blog
Removal of trustees – factors a court will consider
Cally Brosnan
4 May 2020
Compensation claims on divorce - when the clocks can’t be turned back to recover loss of future earning potential
We recently acted for the successful wife in the case of RC v JC [2020] EWHC 466 (Fam), assisted by Alice Trotter. The case has received a broad spectrum of media attention, and unsurprisingly so. Our client was successful in her claim for “compensation” for what Mr Justice Moor described as her “relationship generated disadvantage”. The principle of compensation first appeared in the family courts in the 2006 judgment of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24. Since then, there have been no reported cases where the principle has been argued successfully, until now.
28 April 2020
My financial circumstances have changed since COVID-19 – can I vary the spousal maintenance I pay?
If your income has reduced as a result of the coronavirus pandemic, you may not be able to pay the same amount of maintenance to your former partner. This could be short-term or you might be worried the situation could be more permanent. In this blog, we set out some key points to consider if you can no longer afford to pay the spousal maintenance you have been ordered to.
23 April 2020
Unprecedented times – but unprecedented enough to launch a Barder application?
In the first of our blogs in this series about Barder events and variation, we explained about the case of Barder and how, if you believe you may have suffered a “Barder” event, you might be able to ask the Court to re-open your case. In this blog, we set out some examples of cases where the English courts have both allowed and refused Barder applications, although it is right to say that the overall number of successful Barder applications can be counted on one hand only and are extremely rare.
20 April 2020
Moving abroad or returning home with children and the risks of child abduction during the coronavirus crisis
Despite the wonders of modern technology helping to keep people in touch during the coronavirus pandemic, many separated and divorced parents who live far from their children are finding life very difficult at the moment. In this blog, we look at some of these scenarios and the questions arising at this unprecedented time for separated parents who either wish to relocate or stop the other parent from relocating overseas (international relocation) or to another part of the UK (internal relocation).
17 April 2020
Am I stuck with my divorce settlement after coronavirus?
The coronavirus pandemic is changing the world dramatically. It can feel as though the ground is shifting beneath your feet. If you are recently divorced, or are currently getting divorced, that feeling may be a familiar one. We can’t predict what the health implications of COVID-19 will be for us individually, or for the community we live in, but some economic effects are already being felt by many who have already either lost their jobs, been furloughed or had a reduction in income. In this rapidly evolving environment where people’s financial circumstances are changing, many are asking if their divorce settlement still applies. In this blog, which is the first in a series on the subject, we set out some preliminary guidance.