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Family Law Blog

30 November 2012

What French nationals should know if considering separating or divorcing while living in England

Consider which country you can get divorced in or resolve financial disputes. One country will usually be better for you than the other. You do not have to get divorced or resolve issues in the country where you were married or PACS’d.

30 November 2012

Les informations dont les français doivent prendre connaissance s’ils envisagent une séparation ou un divorce lorsqu’ils vivent en Angleterre

Pensez au pays dans lequel vous pouvez divorcer ou résoudre des litiges financiers. Généralement, un pays vous sera plus favorable qu’un autre. Vous n’êtes pas obligé de divorcer ou de résoudre vos litiges dans le pays où vous vous êtes mariés ou pacsés.

23 November 2012

Shared parenting: where the heart but not necessarily the home is

On 1 November 2012 Edward Timpson MP, the Parliamentary Under Secretary of State for Children and Families, wrote to Sir Alan Beith MP, Chair of the Justice Select Committee, about shared parenting.

But what exactly is shared parenting, as Timpson's letter doesn't actually tell us. Shared parenting means giving both parents (and sometimes more than two parents, for example in three parent families) the opportunity to have an equal role in their child's life. 

22 November 2012

Inherited wealth in big divorces remains unresolved

The recent case of Davies v Davies has been widely reported in the press as “the end of multi-million payouts for wives”. It isn’t the end. Separating wives and their lawyers can sleep at night. More importantly the case shows just how hard the courts are finding it to establish new law on inherited wealth, or pre-marital business assets which one party brought into the marriage.

8 November 2012

Is it two nil to the non discloser?

The recent Court of Appeal decision of Petrodel Resources Limited v Prest [2012] has (once again) caused a ripple of shock amongst family lawyers, and it highlights the conflict between the differing approach of Judges in the Family Division and those in the Chancery Division.  The Court of Appeal, by a majority of 2 to 1, overturned an Order for the transfer to the wife of various properties owned by corporate entities which were owned and controlled by the husband.

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