Blog
Rebuilding lives after brain injury: the role of the Court of Protection
Jemma Garside
31 March 2022
Ukraine: the effect on our children and what parents can do
As a Ukrainian living in London with a 9 year old child, I know first-hand how much the children are affected by the recent developments and it is often much more than we realise. My father was in Kyiv when the war started. It was a very difficult decision to leave everything behind…and go. They left in day five after an oil plant was shot just outside of Kyiv. There were five of them in the car, with only one backpack per person: a scared cat, an oil tank, ropes and blankets took priority over personal belongings. Having only had less than five hours of sleep in the four days prior to that, they drove to the border through the very many checkpoints with armed military, in the dark and in the snow to reach the Carpathian mountains and then to cross the border.
24 March 2022
Our children deserve better. Now is the time for radical change for separating families.
In April 2022, long over-due law reform will take blame out of the divorce process, but we need to go further now to address the way divorce and separation impacts the entire family, not just the parents.
15 March 2022
Anglo French prenuptial agreements – the myths of cross channel protection and marriage contracts
I am regularly asked to advise French and international couples on the protective agreements available to them before they marry and whether they need an English or French drafted agreement. They are often surprised to learn that it isn’t possible to draft a global prenuptial agreement which would be enforceable throughout the world, wherever they move to in the future. It is all the more surprising to French clients who learn that their trusted and routine contrat de mariage is not automatically enforceable in divorce proceedings in England.
14 March 2022
Six legal tips for expat divorcees over assets in trust
Despite no longer living full-time in the UK, it is often the case that expats are still subject to the English court system in the event they divorce, says Stacey Nevin, senior associate in the Family & Divorce team at Kingsley Napley.
7 March 2022
What’s mine will no longer be yours: A review of the case law surrounding post-separation accrual of assets on divorce
Anyone who has visited a family lawyer will be aware that it is a highly discretionary area of law. Part of the reason for this is that much of what guides a judge’s decision, and indeed a lawyer’s advice, are the cases that have come before them. Of course, there are statutes and binding law that judges must follow, for example S1 (1) Children Act 1989 ‘[…] the child’s welfare shall be the court’s paramount consideration’, but case law provides invaluable guidance to family practitioners. Our judicial system allows flexibility so that when it comes to the interpretation of statute the courts can evolve and progress in line with society.
- Children
- Civil Partnerships & Co-habitation
- Divorce & Separation
- Financial Settlements
- International Adoption & Surrogacy
- International Family Law
- Mediation & Alternatives to Litigation
- Pre-nuptial & Post-nuptial Agreements
- Anglo French Family Law
- Legal Updates
- Reflections on The Split
- Child Relocation after Divorce or Separation