News

Jail Threat for Man Who Failed to Cooperate in Divorce Proceedings

Divorce is normally a difficult time for all concerned and the financial arrangements can be very contentious. Normally, problems revolve around the failure to provide accurate disclosure of assets, but on some occasions there is a total failure to cooperate. However, as a recent case shows, refusing entirely to engage in the court process

Child Protection More Important Than Family Togetherness

Family judges are used to controversy and accept the fact that there will always be an embittered few who accuse them of ‘playing God’. However, one striking case shows that they will only break up families when doing so is necessary to ensure the long-term welfare of children and where there is no other viable

Delay Denies Financial Support for Divorcee

It is not uncommon for affection and trust to survive the end of a marriage – but legal advice is still almost always required to ensure a fair outcome. In one striking case, a woman who waited until almost 20 years had passed since her divorce before seeking financial support from her ex-husband ended up

Fertility Clinic Blunder Led to Mother Adopting Her Own Child

The requirements of the Human Fertilisation and Embryology Act 2008 are strict and any procedural error by fertility clinics can cause untold legal complications and misery. That was certainly so in one case in which a form-filling error led to a woman adopting her own child – even though she was already its legal parent.

Court Stresses Need for Facts in Child Residence Dispute

Divorces with an international dimension are often complex and, where the question arises as to which parent will look after children and in which country, the courts are often involved. When making these decisions, the courts will always put the child’s interests first. When the child is mature enough to express their view, their

Insolvency No Bar to Liability for Support Payments

A recent decision of the High Court will come as a comfort to those whose ex-spouses have fallen into arrears with their child maintenance payments. It involved a man who was behind with child maintenance payments payable to the Child Support Agency when he died. He had also agreed to maintain a life assurance

Defiant Divorcee Who Refused to Leave Matrimonial Home Punished

Obedience to court orders is not voluntary and judges possess a battery of powers to enforce compliance. In one case, a divorcee who barricaded himself into his former matrimonial home in order to prevent its enforced sale was given ten days to move out – or go to prison. The sale of the £500,000

Getting Divorced – Honesty is the Best Policy

It is a sad fact that divorcing couples frequently try to hide assets from each other, but such manoeuvrings rarely succeed and can have very unfortunate consequences. In one recent case, a husband’s dishonest attempt to evade his commitments to his ex-wife and children ended up depleting most of the former couple’s combined wealth.

Social Workers Wield Great Power – But the Courts Are Watching!

Social workers can wield immense power over people’s lives – but one case clearly shows how carefully their activities are regulated by the courts. A local authority was ordered to pay damages of £45,000 to a mother and two young children after an inordinate delay in launching care proceedings violated their human rights. The

Need Overcomes Equality Claim in Divorce Settlement

With new guidance having been issued regarding the interpretation of ‘need’ for the purpose of financial settlements on divorce, a recent case shows how the courts have been moving away from a rigid adherence to the principle of ‘equality’ in the division of assets. It involved a wealthy couple who had in excess of