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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Two years on from the start of the #MeToo movement, many of those involved in the often high profile harassment cases which came to light as a result are continuing to see repercussions. The ripple effect of the actions of those involved in sexual harassment claims can often be seen long after the incident comes to light, and by many others beyond the complainant and accused. This is particularly so in those cases where marriages have been brought to an end following such allegations coming to light, and where the circumstances leading to the marriage ending are often also of significant relevance to the financial aspects of the divorce proceedings, which can take months, or even years, to resolve.
In just ten years, cryptoassets have become a £100 billion industry. We now face the alarming prospect that millions of pounds can be hidden behind a few lines of computer code without ever touching a bank account. If your soon-to-be ex-partner has made a fortune with Bitcoin, how do you get a share?
Last week, Jane Keir attended the American Academy of Matrimonial Lawyers (AAML) National 2019 Annual Meeting in Chicago, where she spoke on “Discovery beyond our borders: gathering information in international cases” alongside Sarah M Boulby, Boulby Weinberg LLP from Toronto; Rachael Kelsey, SKO Family Law Specialists, from Edinburgh; Mia Reich-Sjogren from Gothenburg; and Alfonso Sepulveda from Mexico City. In the short time available, they touched upon a whole raft of procedural similarities and differences and ways of trying cases.. It is safe to say that top of the list of differences between England and Wales on the one hand, and the US on the other is the use, or not, of depositions.
The “joint family” is a concept which most Indians will be familiar with, even those growing up in a less traditional family set up in England. In India, it is seen as the most desirable set up for families as a way to retain wealth and working together. However, the concept of ‘sharing as needed’ can place the family wealth under significant risk of attack upon divorce and create unnecessary (and often costly) complexity and financial uncertainty at an already difficult time.
The Matrimonial Causes Act 1973 (“MCA 1973”) in England and Wales currently provides couples seeking a divorce with one ground for doing so; that their marriage has irretrievably broken down. The ground must be proved by establishing one of five “facts”. Commonly used are the two fault, or conduct, facts of adultery or unreasonable behaviour, with 60% of English and Welsh divorces being granted on a fault fact. Many divorcing couples opt to use a fault fact as they do not want to wait the minimum two years’ separation required before applying under one of the “fault-less” separation facts. This blog looks at the proposed Divorce, Dissolution and Separation Bill 2017-2019.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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