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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
The divorce process can be a difficult and intense experience for anyone, but for those with mental health conditions such as depression or anxiety, the experience is often all the more challenging. This is particularly so in the context of Covid-19, with many of our clients experiencing additional difficulties due to the pressures of lockdown.
Where there are disputes about the ownership of assets within divorce and financial proceedings, couples can encounter background noise from third parties – the extent of which will depend on the value or type of asset.
The Supreme Court recently made clear in Villiers v Villiers [2020] UKSC 30 that divorcing in one EU country does not prevent a party from making a separate claim for maintenance from their spouse in England and Wales. The case therefore demonstrates the possibility of ‘forum shopping’, where a party seeks to bring a financial claim in a jurisdiction (country) that is more convenient or provides a more generous maintenance provision than the jurisdiction in which the divorce is taking place. However, the loophole relies on an application of the EU Maintenance Regulation which will cease to be in force in the UK on 31 December 2020. This blog considers the case of Villiers and how Brexit will affect the current position.
We recognise that the last few months have been testing for many separated parents who have been co-parenting throughout the pandemic – with home schooling and juggling work and child care commitments between two households. With the uncertainty as to whether schools can safely reopen fully, some separated parents may well find themselves disagreeing on whether their child should attend in such circumstances.
Much has been written about the case of Barder v Calouori [1988] AC 20 (“Barder”) in the initial stages of the COVID-19 lockdown. It was held out as the means by which maybe, just maybe, it might be possible to reopen a case where a substantive financial order has been made on the basis that the COVID-19 pandemic is an event which has invalidated the basis, or fundamental assumptions of the original financial order.
Lauren Evans
Roberta Draper
Christopher Perrin
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