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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Four and a half years after the Brexit referendum, and almost a year after the UK left the European Union, Brexit is almost here. As matters stand, at 11pm on 31 December 2020, the UK is set to fall out of a number of mutually applicable EU regulations, with no replacement in place.
As practitioners, we know that clients are often surprised to learn that, when it comes to dividing up the family assets upon divorce, not only does it not matter in whose name the assets are, but also the court can order them to pay their spouse’s legal fees during the legal proceedings.
Research shows that it is not the fact of parental separation itself which has a detrimental effect on children; it is the way the separation is handled and the ongoing conflict. Divorce or separation can be a long and difficult process, not just for the parties themselves, but crucially for any children caught in the middle. With the publication of the Family Solutions Group Report “What about me?: Reframing Support for Families following Parental Separation”, it is clear that the family justice system is failing separating families and a shift in approach is needed.
It is now twenty years since the landmark White v White decision which saw a move forwards for a divorcing party who was the home-maker and child-carer. White v White introduced a starting point, that “equality should be departed from only if, and to the extent that, there is good reason for doing so”. As Lord Nicholls summarised; “There should be no bias in favour of the money-earner and against the home-maker and the child-carer”.
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.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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