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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
I recently came across an incredibly heart-warming article written by my colleague, Charlotte Bradley, titled "‘On autism, art and my sister Lucy’." It highlights beautifully the challenges that Charlotte's late sister faced throughout her life. It got me thinking about autism myself and, as a result, some difficulties my daughter has been experiencing. The article struck a chord and inspired me to learn more about children’s mental health. As I delved deeper into the subject, I realised the importance of addressing underlying issues from the child’s perspective, as well as looking at the day to day challenges and problems our children face.
Every so often, a family court judge concludes that it is appropriate in a particular case for a financial settlement upon divorce to reflect an element of compensation to one party for what is termed "relationship-generated disadvantage". The disadvantage in question is generally the fact that they have given up a lucrative career during the marriage and in doing so lost the ability to return to such a career upon divorce.
The Law Commission has begun its review of the Matrimonial Causes Act 1973, legislation that determines how finances are divided between separating spouses on divorce. This follows calls to reform the law from Baronesses Deech and Shackleton and, according to Lord Bellamy, a justice minister, aims to build on the no-fault divorce regime in mitigating conflict around divorce.
If I was getting divorced, how would I like to do it (assuming that decision was in my control)? I would choose collaborative law. It puts children at the centre and allows you to focus on how you would like to co-parent in the future. It allows you to spend your money on finding a solution rather than arguments and it ensures that those solutions are focused on what you really care about.
I have just finished my collaborative training and want more people to know about this way of resolving things following a separation. I have set out more details below and hope you will read on in case you, or those you care about, have to consider the best way to separate in the future.
Over the years of family law practice, a question we frequently hear from clients is whether a prenup is worthwhile; is there any point in having one, would it have made a difference to my divorce? The recent case of HD v WB [2023] EWFC 2 allows us to answer this question with a resounding “yes”. This case gives us further judicial guidance on the relevance of a pre-nuptial agreement (“PNA”) in this jurisdiction and the weight, if any, that should be given to it in any subsequent financial proceedings on divorce.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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