News - Wedlake Bell

News

Cafcass: private law statistics: August 2021

Cafcass (the Children and Family Court Advisory and Support Service, who represent children in family law cases in England) have reported on the number of new private law cases referred … Read more →

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Cafcass: private law statistics: July 2021

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Cafcass: private law statistics: June 2021

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Cafcass: PRIVATE LAW DEMAND; ANNUAL SUMMARY APRIL 2020 – MARCH 2021

Cafcass (the Children and Family Court Advisory and Support Service) represent children in family court cases in England and “put children’s needs, wishes and feelings first, making sure that children’s voices … Read more →

News

Financial remedy: Maintenance Pending Suit – interim maintenance: Rattan v Kuwad [2021] EWCA Civ 1

Background: Section 22 of the MCA 1973 gives the Court power to make an Order for maintenance during the course of the proceedings. It provides: “(1) On a petition for … Read more →

News

Government Voucher scheme boost to help thousands more families resolve disputes away from court

Mediation is where a trained mediator will “sit” (which can in some circumstances be over the telephone) with both parties in a matter (or one at a time) to encourage … Read more →

News

Divorce, Dissolution and Separation Act 2020 receives Royal Assent on 25 June 2020 – “no fault divorce”

Previously, I wrote about the fact that pursuant to the Matrimonial Causes Act 1973, “no fault” divorce could only be applied for after a period of at least 2 years’… Read more →

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Cafcass and coronavirus: attending family Court protocol

News

No fault divorce: Divorce, Dissolution and Separation Act 2020: Royal Assent received on 25 June 2020

Up until recently, the Law in England and Wales for a divorce only allowed “no fault” to be attributed to either party after a minimum period of two years since separation … Read more →

News

Remote hearings in family law proceedings blog

Remote hearings in family law private children proceedings In family law Court proceedings, there has been ongoing (and regularly updated) guidance helpfully provided by the President of the Family Division … Read more →

Uncategorized

Domestic abuse : the Office for National Statistics – year ending March 2019 blog

On 25 November 2019, the Office for National Statistics (which is an independent producer of official statistics) published its report in relation to the prevalence of domestic abuse and trends … Read more →

News

Cafcass private law demand; annual summary April 2019 – March 2020

Cafcass stands for the Children and Family Court Advisory and Support Service. They represent children in family court cases in England and “put children’s needs, wishes and feelings first, making … Read more →

News

Domestic abuse and coronavirus 28th April 2020

Unfortunately, domestic abuse can often, due to the very nature of it, be under-reported. It is also often sadly true that at certain times – such as at that of … Read more →

News

Domestic abuse – Coronavirus – Domestic Abuse Bill 2019-21 : Second Reading in the House of Commons on 28 April 2020

The intention of the Domestic Abuse Bill 2019-21 was said to be to: – make provision in relation to domestic abuse; – make provision for and in connection with the … Read more →

News

No fault divorce: Second reading at the House of Lords on 5 February 2020

The Law in England and Wales for a divorce only allows “no fault” to be attributed to either party after a minimum period of two years since separation (the two … Read more →

News

The Civil Partnership (Opposite-sex Couples) Regulations 2019

On 5 December 2005, the Civil Partnership Act came into force, enabling same-sex couples to legally register their relationship – with similar rights and obligations to that of marriage. Subsequently,… Read more →

News

Office for National Statistics: Divorce in England and in Wales 2018

On 29 November 2019, the Office for National Statistics published their statistical bulletin in relation to divorces in England and Wales in 2018. In summary, some of the main findings … Read more →

Bulletins

Family Law Arbitration

Upon divorce (or upon the dissolution of a civil partnership) the parties have potential financial claims against one another, namely for example, for property, lump sums, maintenance and pensions. In … Read more →

Bulletins

The Office for National Statistics: Civil Partnerships in England and Wales (October 2019)

On 11 October 2019, the Office for National Statistics published their statistical bulletin in relation to Civil Partnerships in England and Wales in 2018. In summary, some of the findings … Read more →

Bulletins

Divorce, Dissolution and Separation Bill: First reading in the House of Lords on 15 October 2019

Previously, (http://wedlakebell.com/divorce-dissolution-and-separation-bill-second-reading-at-the-house-of-commons-on-25-june-2019/) I explained that currently, the Law in England and Wales for a divorce only allows “no fault” to be attributed to either party after a minimum period of … Read more →

Bulletins

Family Law Arbitration: The case of H v W [2019] EWHC 1897 (Fam)

The Institute of Family Law Arbitrators explain that “Arbitration is a form of dispute resolution which takes place outside a formal court room. The parties enter into an agreement under … Read more →

Bulletins

Cafcass (Children and Family Court Advisory and Support Service) – September 2019 figures blog

Cafcass is the Children and Family Court Advisory and Support Service and they represent children in family court cases in England and “put children’s needs, wishes and feelings first, making … Read more →

Bulletins

The House of Commons debate: “Performance of child maintenance service in recovering payments from absent”

When dealing with child maintenance, parents can arrange this directly (a family based arrangement), pay through the Child Maintenance Service (“CMS”) (Collect & Pay) or alternatively, contact the CMS for … Read more →

Bulletins

Online financial remedy consent order pilot

From 6 August 2018, certain matrimonial consent Orders could be filed online, as part of a pilot scheme. Following that time, HMCTS have been working with solicitors and other interested … Read more →

Bulletins

Digitisation of Form A – application for financial remedy

Currently, in divorce proceedings applications for financial remedy are made to the Court on paper by way of a document known as a Form A. Upon receipt of the Form … Read more →

News

Baron & Others (4 Defective Divorces) [2019] EWFC 26 – Defective divorces judgment: Sir James Munby

On 4 April 2019, Sir James Munby (sitting as a Judge of the High Court), heard an application by the Queen’s Proctor for the setting aside of decree nisis (the … Read more →

News

Divorce, Dissolution and Separation Bill: second reading at the House of Commons on 25 June 2019

Currently, the Law in England and Wales for a divorce only allows “no fault” to be attributed to either party after a minimum period of two years since separation (the … Read more →

News

Transforming the Response to Domestic Abuse Consultation Response and Draft Bill – Joint Committee’s findings June 2019

In January 2019 the ‘Transforming the Response to Domestic Abuse Consultation Response and Draft Bill’ was published, following consultation with various stakeholders. It was explained that the Government’s aim is … Read more →

News

The Office for National Statistics: statistical bulletin: Civil Partnerships in England and Wales in 2017

On 16 August 2018, the Office for National Statistics published their statistical bulletin in relation to Civil Partnerships in England and Wales in 2017. In summary, some of the findings … Read more →

Mills v Mills: Supreme Court Judgment released on 18 July 2018

I previously wrote that on 8 August 2017, the husband in the case of Mills v Mills was granted permission to appeal on the ground of “whether, provision having already … Read more →

News

Mills v Mills: Judgment of the Supreme Court to be handed down on 18 July 2018

Previously I wrote about the case of Mills v Mills and had said that permission to appeal to the Supreme Court had been granted. The appeal relates to “whether, provision having … Read more →

News

Wedlake Bell’s family team appeared in the list for 2018 as one of eprivateclient’s Top Family Law Firms at their awards evening

On Monday 2nd July 2018, Charmaine Hast and Sarah Campbell attended Dixon Wilson’s offices for the 2018 eprivateclient Top Family Law Firms awards evening, sponsored by Close Brothers. eprivateclient explain … Read more →

News

Child Maintenance Service statistics released on 20 June 2018

The Child Maintenance Service I have previously explained that the Child Maintenance Service (“CMS”) was introduced in 2012 to deal with child maintenance, which was at that time dealt with … Read more →

News

JS v SSWP and ZS (CSM) 2018 UKUT: The Upper Tribunal decision in respect of the father’s appeal concerning the decision of the First-tier Tribunal (child maintenance)

On 24 May 2018, the Upper Tribunal Judge gave their decision in respect of the father’s appeal concerning the decision of the First-tier Tribunal (child maintenance). This is where the … Read more →

News

Online divorce pilot: 2018

Her Majesty’s Courts and Tribunals Service (“HMCTS”) had previously published how they proposed that the Courts (in England and Wales) should work differently moving forwards. In order to test the … Read more →

News

The Civil Partnership Act 2004 allowed for same-sex couples to enter into a civil partnership, which was said to be for the purpose of enabling them “to obtain legal recognition of their relationship …”.

Part 1 (1) of the above Act states that “A civil partnership is a relationship between two people of the same sex (“civil partners”)…” and Part 2 (3) deals with … Read more →

Campaign

Resolution campaign: No fault divorce

In relation to a divorce, currently the Law in England and Wales only allows “no fault” to be attributed to either party after a minimum period of two years since … Read more →

Bulletins

THE CASE OF OWENS V OWENS – PERMISSION TO APPEAL THE DECISION AGAINST THE DISMISSAL OF HER DIVORCE PETITION: SUPREME COURT HEARING ON THURSDAY 17 MAY 2018

Previously, I wrote about the case of Owens v Owens which is a case where the wife appealed against the dismissal of her divorce petition, after her husband, unusually, defended the divorce.… Read more →

News

What to consider before divorcing

Associate in our Family & Divorce team, Sarah Campbell, has written an article on the things to consider before divorcing for YourMoney.com. Sarah writes “It isn’t unusual for individuals to … Read more →

News

Changes to the Family Court Forms due to the changes made to the eligibility criteria for legal aid: effective 8 January 2018

Previously (on 29 December 2017), I wrote about the forthcoming changes to the eligibility requirements for individuals to obtain legal aid (public funding) in relation to family law matters and … Read more →

News

Domestic violence statistics – 14 December 2017

The Ministry of Justice published its Family Court Statistics Quarterly, England and Wales, July to September 2017, on 14 December 2017. The statistics demonstrated that when compared to July to … Read more →

News

Aviva’s Survey in relation to Divorce

Recently Aviva have announced the findings from their research in connection with individuals’ experiences of divorce. Back in 2014, at the time of their previous survey, they had found that … Read more →

News

Divorcing couples and the Chancellor’s Budget – Stamp Duty Land Tax (SDLT)

In November 2017 the announcement of the Chancellor’s Budget was no doubt welcomed by some. Currently, indeed, since April 2016, due to Schedule 4ZA of the Finance Act 2003, individuals … Read more →

News

Private Law cases That Return to Court: A CAFCASS Study

A CAFCASS study regarding private law cases that returned to Court was published. The authors explain that “it was undertaken within the context of a 20% rise in private law … Read more →

News

The 13th Programme of Law Reform Projects – Surrogacy

On 14 December 2017, the 13th Programme of Law Reform Projects was launched. By way of background, the Law Commission explain that “Under the Law Commissions Act 1965 the Law … Read more →

Bulletins

President’s Circular: Financial Remedies Courts

On 1 December 2017, Sir James Mumby, President of the Family Division published the “President’s Circular: Financial Remedies Courts”. Within that circular, it was confirmed that Financial Remedies Courts … Read more →

Bulletins

The Child Maintenance (Assessment of Parents’ Income) Bill 2017-19

The Child Maintenance (Assessment of Parents’ Income) Bill 2017-19 had its first reading in the House of Commons on 28 November 2017. It is a private member’s Bill with its … Read more →

News

CAFCASS Private Law Case Demand – Figures For October 2017

On 3 November 2017, CAFCASS reported their latest figures for October 2017 in respect of the demand for CAFCASS in private law children cases. The report showed an increase in … Read more →

Bulletins

Forthcoming pilots to potentially change the way the Court system works

Her Majesty’s Court and Tribunal Services (HMCTS) have recently published how they propose that the Courts (in England and Wales) should work differently moving forwards. In order to test the … Read more →

Bulletins

The Office for National Statistics – statistical bulletin 2017: Divorces in England and Wales

The Office for National Statistics (which produces statistics for the UK) released its statistical bulletin on 18 October 2017 in relation to divorces in England and Wales in 2016. Some … Read more →

Bulletins

Naming the third party in an adultery application for divorce

The Family Procedure (Amendment No 2) Rules 2017 – naming the co-respondent in the application for a divorce Previously I wrote about the Family Procedure (Amendment No.2) Rules 2017 that … Read more →

Bulletins

Child Support Agency arrears transitioned to the Child Maintenance Service system – statistics

On 30 August 2017, the Department for Work and Pensions published statistics in relation to the Child Support Agency arrears transitioned to the Child Maintenance Service system. The publication explains … Read more →

Bulletins

Mills v Mills – permission to appeal to the Supreme Court granted

On 8 August 2017, the husband in the case of Mills v Mills was granted permission to appeal on the ground of “whether, provision having already been made for the … Read more →

Bulletins

The case of R an B and Capita Trustee Services Ltd and Hawksford Trustees Jersey Ltd and X and Y – Bad conduct and financial settlement upon divorce

A Judgment that was published at the end of June this year, dealt with the issue of what impact bad behaviour (conduct) could have upon a financial settlement upon divorce.… Read more →

Bulletins

Cohabitation

Background/Statistics This is where a couple are living together (either with or without children) and they are not married or in a civil partnership. According to the Office for National … Read more →

Bulletins

Updated guidance in relation to the domestic violence exemption for having to pay the Child Maintenance Service initial calculation fee

As I have written about previously, the Child Maintenance Service (CMS), was introduced in 2012 to deal with child maintenance, which was at that time dealt with by the Child … Read more →

Bulletins

The Cost of a Child in 2017

The Child Poverty Action Group (who research poverty in the UK, as well as providing information, advice and training) has recently released its report “The Cost of a Child in … Read more →

Bulletins

Hart v Hart – the Court of Appeal decision – divorce and pre-acquired assets

The Court of Appeal has recently dismissed a wife’s appeal in relation to the settlement that she was awarded upon divorce. By way of background, the husband and wife, Mr … Read more →

Bulletins

The Government’s ‘Providing a cross-border civil judicial cooperation framework – a future partnership’ paper – The UK’s departure from the EU and the impact on Family Law in the UK

The government has recently published its “Providing a cross-border civil judicial cooperation framework – a future partnership” paper. The focus is on the UK leaving the EU and it sets … Read more →

Bulletins

The case of Tobias v Tobias [2017] – freezing injunctions, without notice orders and applications to the out-of-hours Judge

On 29 June 2017, a Judgment was given in the case of Tobias v Tobias ([2017] EWFC 46) which gave guidance in relation to freezing injunctions, without notice orders and … Read more →

Bulletins

Changes in relation to the Divorce Petition:

One of the changes is that it is only until 4 September 2017 that a Divorce/Dissolution Petition (or an Answer to those Petitions) do not require a Statement of Truth … Read more →

Bulletins

The case of Owens v Owens – permission to appeal the decision against the dismissal of her divorce petition

Earlier this year, in the case of Owens v Owens, the wife appealed against the dismissal of her divorce petition, after her husband, unusually, defended the divorce. The wife’s divorce petition was based … Read more →

Bulletins

The case of Green v Adams – update – further judgment released on 4 August 2017

I previously wrote about the case of Green v Adams, which concerned a financial claim by a mother, against the father, for financial provision for their son. Part of the … Read more →

Bulletins

The administrative de-linking of divorce proceedings from financial remedy proceedings

As from yesterday (19 June 2017), divorce proceedings across the country are being administratively “delinked” from financial remedy proceedings. The background to this is that back in 2015, administration changes … Read more →

Bulletins

The International Family Law Arbitration Scheme (“IFLAS”) – New Scheme launching in September 2017

Financial settlement upon divorce can sometimes vary enormously from one country to another. This can result in a husband and wife both “racing” to start proceedings in one country over … Read more →

Bulletins

The Relationships Alliance Manifesto 2017

The Relationships Alliance has released its “Relationships Alliance Manifesto 2017”. The Relationships Alliance is made up of four charities namely Relate, OnePlusOne, Tavistock Relationships and Marriage Care. They explained that … Read more →

Bulletins

The recent case of Green v Adams 2017

The Judgment in the above case has recently been released and serves as a reminder of how child maintenance is dealt with differently through the Child Maintenance Service compared to … Read more →

Bulletins

Report into the Child Maintenance Service by the House of Commons Work & Pensions Committee

On 2 May 2017 the House of Commons Work & Pensions Committee (who “examine the expenditure, administration and policy of the Office of the Department for Work & Pensions and … Read more →