Divorce – Law Journals

Financial provision: If not now, then when?

Richard Adams looks at the adjournment of capital claims in financial proceedings and the need for practitioners to be alert to potentially fabricated disclosure The justification of a departure from normal practice does not necessarily need to include a real possibility of capital from a specific source becoming available in the near future, as fairness …

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In practice: Out of the ordinary

Katie McCann highlights some of the issues that can arise in high-net-worth financial cases Before deciding on the most appropriate forum for a high-net-worth client, it is best practice to obtain advice from a specialist lawyer in the other potential jurisdictions so as to determine where the client would do ‘best’ in any financial proceedings. …

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Scotland: View from the north

Dr Dianne Millen provides practical tips from Scotland on negotiating the no-fault landscape While there are good reasons why fault grounds have been critiqued by practitioners and policymakers across the UK, it is also important to recognise that the desire to maintain cordial relations may sometimes need to be subordinated to the need to litigate …

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In practice: A whole new world?

Paul Linsell looks at how family law has developed and asks whether the introduction of no-fault divorce might prove to be a tipping point for further change When we look back in 30 to 50 years from now, we will look upon DDSA 2020 and the changes it has brought and not just find it …

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Divorce: Opening the floodgates?

Nahanni Simcox considers no-fault divorce and whether the reforms might increase the attractiveness of England and Wales as a divorce jurisdiction It is imperative that parties with cross-jurisdictional assets and interests carefully consider the jurisdiction in which they issue divorce or dissolution proceedings. Following the introduction of ‘no-fault’ divorce on 6 April 2022, it will …

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Divorce: Starting afresh

Marwa Hadi-Barnes outlines the changes to divorce and dissolution with the advent of no-fault divorce, including procedural considerations Service via email is a default method under the DDSA 2020 changes, but where an application is served by email, a notice confirming such service must also be sent to the respondent’s postal address. From 6 April …

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Divorce: All in the past?

Lottie Tyler analyses the requirements for a divorce to be recognised as an overseas divorce in transnational cases The specificity as to the institution of the proceedings taking place in the same country in which the divorce was obtained is the primary focus of the relevant case law and the reason why there are some …

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The 1975 Act: Contracts to leave property by will

Sismey v Salandron illuminates the risks to a party attempting to hold an estate to a lifetime contract that property would be left to them, or to anyone seeking to unbind the estate from the ties of such a contract. Imogen Halstead discusses While the court has previously discussed the possibility of collusive divorce settlements …

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Financial remedies: A misspent youth?

Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …

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Divorce: A limited power

Antonia Barker explores the set aside of a decree of divorce and the strict procedural requirements to be followed A decree absolute is a judgment which is definitive of a person’s status and they, and the rest of the world, must be able to rely upon it, as so many of an individual’s legal and …

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