An interesting history lesson

An interesting article by John Bolch on the Marilyn Stowe blog.  The article concisely sketches the history of the concept of the guardianship of a child and gently points out that when some fathers’ rights types interpret Section 2(4) of the Children Act 1989  (‘The rule of law that a father is the natural guardian
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In a divorce case, it’s essential to know the facts before forming a view on the fairness of the court’s decision

I’m indebted to Kate Butler of Woolley & Co Solicitors for a clear analysis of the recent divorce case of Mr and Mrs Mills.  The  case has been widely reported in the media, and the decision (to increase maintenance payments 15 years after the divorce, when Mrs Mills had apparently been awarded all the capital
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Financial consent orders explained

This is one of those couldn’t-have-put-it-better-myself explanations: John Bolch explaining financial consent orders.

Mortgage upper age limits to be reviewed

A couple in their sixties are getting divorced.  They and their solicitors are exploring a settlement that will enable the wife to buy a property free of mortgage and enable the husband to buy a property with a deposit and a mortgage loan. The husband can afford the monthly mortgage instalments, but only if the
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Wyatt v Vince – at last, an accurate summary

Wyatt v Vince is the important divorce case that was decided by the Supreme Court last month. A lot of nonsense has been written about the case, particularly in the general (i.e. non-legal) press and on social media, but also by legal commentators who try to read too much into it. This article by barrister
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How long will the court retain a divorce file?

We learn from the judgment in a recent case in the Supreme Court that there are ‘internal instructions’ requiring the family court in England & Wales to retain their file on a couple’s divorce for 100 years. This is surprising, given that 100 years after the divorce of even the youngest couple both parties will
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Planned increase in divorce court fee abandoned

The current court fee for starting a divorce is £410. The Ministry of Justice (MoJ) announced it was going to increase the fee to £750 and invited representations. There were a lot of representations opposing the increase. Various arguments against an increase were advanced, including the fact that a divorce actually costs the court system
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Financial divorce orders – new statistics

The Ministry of Justice (MoJ) has published the latest figures for financial orders made within divorce proceedings.  The figures relate to the period July to September 2014. There are three situations in which the court makes a financial order within divorce proceedings. The first is when the parties have negotiated a settlement and jointly apply
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Divorcing in England and Wales and how to make sure that financial matters are all dealt with here and not in another EU country

You are a British woman and you live in England – ‘England and Wales’ in terms of legal jurisdiction.  Your husband is from Germany, which is another EU country.  You have separated, and your husband has gone back to Germany.  You want to get divorced, and you want the divorce to take place in England
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New child maintenance arrangements

New child maintenance arrangements come into effect today.  Changes to the system are being introduced gradually, and the new system won’t completely replace the current Child Support Agency system for another three years. Today’s changes involve the introduction of an online system rather like online banking – directly accessible to paying and receiving parents.  All
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