Latest News

JL v SL [2015] High Court of Justice

Inheritance during the marriage and assets acquired after separation - and a stark warning to give full and frank disclosure This case addressed the question of the extent to which both inherited wealth and post-separation accrual should be taken into...

Murphy and Murphy [2014] EWHC 2263 (Fam)

In November 2013 the parties at Court in the Principal Registry reached an agreement on some but not all issues in relation to their financial dispute.  An agreement was reached in relation to how the capital should be apportioned including provision...

BE v DE [2014] EWHC 2318 (Fam)

In June this year Mr Justice Bodey heard an application by the husband for an order to redact a statement of the wife which made reference to a meeting between the parties which the husband claimed was a without prejudice meeting. The parties met over...

Court terminates father's parental responsibility

In Re D (A Child) [2014] EWCA CIV315 the High Court held that a father’s parental responsibility should be terminated.  The case concerned a child who was born to the parties in 20014.  In 2009 the father pleaded guilty to sexual offences...

Courts rule girl of 13 can decide whether to terminate pregnancy

In A (A Child) [2014] EWFHC1445 (Fam) Mr Justice Mostyn held that a girl who had just turned 13 was able to decide whether she should terminate her pregnancy. The NHS Trust had applied to the Court on the basis that if the Court decided the child did not...

Ball and Stephenson: Father given prison sentence of 14 days for failing to comply with Court Order to provide his Form

In Ball and Stephenson [2013] EWCC 6 (FAM) a father had been ordered to file a Form E but failed to do so.  The wife applied to commit him to prison.  The husband failed to appear at the committal hearing and was committed to prison for 14...

Re W (Contact Order: Father seeking increase in contact) [2013] EWCA Civ 606

In this case a nine year old child had frequent contact including overnight visits with her father, arranged by agreement.  However a subsequent increase in contact, sought by the father in accordance with the child’s wishes and feelings, was not...

Re A (Interim Contact Pending Psychological Assessment) [2013] EWCA Civ 543

The four year old child had weekly contact to her father after her parents separated, such contact taking place at a contact centre but including an outing on foot lasting one hour outside of the centre. It was at a third set of contact proceedings that the...

J v G (Parental Orders) [2013] EWHC 1432 (Fam)

In this case applicants who were civil partners with British citizenship had made an agreement through a surrogacy clinic in California.  They had entered into an agreement with a woman to carry a child for them using a donated egg and sperm of one of...

ZA and Anor v NA [2012] EWCA Civ 1396

The mother in ZA and Anor v NA has been granted permission to appeal to the Supreme Court.  Her appeal is to be heard on 22 and 23 July 2013. The facts of the case leading up to the decision of the Court of Appeal are as follows: The parties...

When Financial Orders are based on Future Income - CR v SR [2013] EWHC 1155 (Fam)

The Husband (age 45) in this case has been granted leave to appeal against an order which transferred the main capital asset to the Wife (the former matrimonial home valued at £975,000 in which there is estimated equity of £375,000) and also...

Scottish Widows & McNicholas - Pensions Ombudsman

Overpayment of pension made as part of divorce settlement to be honoured Scottish Widows misquoted the value of the Husband’s pension within the context of divorce and financial proceedings, substantially over-valuing the fund.  As a result,...

Vince v Wyatt [2013] EWCA CIV 495

Wife seeks financial orders against now wealthy ex-husband 18 years after divorce The parties married in December 1981 at which time they were both receiving State benefits. In May 1983 they had a child and they separated the following February. ...

Re G (A Child) (Sperm Donor): Contact Order; Re Z (A Child) (Sperm Donor: Contact Order) Family Division 31.1.13

In this case two sperm donors who happened to be in a civil partnership together (of over 20 years) made applications to the Court for permission to make substantive applications for contact and residence in relation to their biological children. The two...

Court terminates parental responsibility CW v SG [2013] EWHC 854 (Fam)

This issue of the termination of a parent’s parental responsibility has not been reported on since the 1995 case of Re P (terminating parental responsibility) .  In that case Singer J allowed an application to terminate parental responsibility in...

US Appeal Court finds prenuptial agreement signed 4 days prior to a marriage has been fraudulently induced

A New York Appeals Court has upheld a decision to hold as void a prenuptial agreement.  Wife says she was tricked into signing by her husband to be four days prior to their wedding and that he presented the prenuptial agreement to her promising that he...

The Children and Families Bill

Substantial changes to children and family law are anticipated with the newly introduced Children and Families Bill just having gone through its second reading and debate.  The Government’s aim is that the Bill will move sufficiently quickly for...

Thompson -v- Hurst [2012] EWCA CIV 1752

This was an appeal by Mr Thompson (“Mr T”) against the court’s declaration of his and Ms Hurst’s (“Ms H”) respective beneficial interest in a property in Ms H’s sole name.  That appeal was dismissed. The...

Petrodel Resources Limited and Ors v Prest and Ors [2012]

The Court of Appeal has recently reached a decision in the above case involving financial remedy proceedings in the High Court.  Lord Justice Thorpe noted that Mr Prest had “failed.. comprehensively to comply with his obligation to provide full...

Surrogacy Agreement - Mother Refuses to Hand Over Baby

In the recent case of CW v NT and another [2011] EWHH 33 a couple entered into a surrogacy agreement with a woman who, following the birth, refused to hand the child over. In 2009 Mr and Mrs W made an informal agreement with a woman they contacted through a...

Guidelines for Victims of Stalking Week 2

See our earlier article: http://www.divorce-law.org/site/family/articles_and_case_reports/Guidelines_Victims_Stalking_2012.html Types of digital stalking Mobile phones According to the police and various domestic violence professionals the...

Guidelines for Victims of Stalking

In 2011 Jennifer Perry, a cyber stalking expert, suggested that Network for Surviving Stalking (NSS) should undertake a project to produce a set of guidelines for victims to help them understand and learn to deal with the day to day risks posed by stalking...

Kremen v Agrest

The High Court last week dismissed a post-nuptial agreement on the basis that it was ‘grossly unfair’. The case of Kremen v Agrest involved an agreement signed by the Ms Kremen and her Russian financier husband some 10 years into their...

Does a wife have a claim against a husband's company which increases in value post separation?

In the case of Jones and Jones [2011] the Court had to consider the wife’s claim against her husband’s company which he brought into the marriage and which increased in value following the parties’ separation. The case concerned a 10 year...

When will a company be regarded as a non-matrimonial asset?

In the case of Stefanou and Gordon the parties were married for 20 years before separating.  There was a further 10 year separation before the financial matters came before the courts relating to the parties divorce. Three years after separation the...
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