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OConnell v Lovell [divorce property] [2017] EWFC B99

The wife in this case refused to move out of her flat despite having given an undertaking (a promise to the Court which is legally binding) that she would do so. The breach of an undertaking is considered contempt of Court and is punishable by a fine and/or...

Lewis v Warner [2017] EWCA Civ 2182

This matter concerned cohabitants. Mr Warner lived with his wealthy partner, Ms Blackwell for 19 years before she passed away. Ms Blackwell left her home to her daughter, Ms Lewis. Ms Lewis refused to allow Mr Blackwell to stay unless he purchased the...

Yedina v (1) Yedin (2) Skelling Ltd (A company incorporated in the BVI) [2017] EWHC

The case concerned a couple who married in the Ukraine in 1986 and had had two children. They entered into a deed which set out the husband's ("H") would pay the mortgage on two properties which were being transferred to wife ("W") as...

Rebecca Steinfeld v Charles Keidan February 2017

The case of Rebecca Steinfeld v Charles Keidan was heard by the Court of Appeal on 21 February 2017. This case involved the parties seeking permission to enter into a civil partnership. They were of the view that as a civil partnership is available to same...

Aburn -v- Aburn 2016 EWCA CV 72 - Spousal Maintenance

In the recent case of Aburn and Aburn 2016 EWCA CIV 72 the Court of Appeal ruled that it was wrong to vary spousal maintenance upon speculation and that variation should only take place on an informed basis. In this case the basis of the appeal related...

Re: B 2016 EWHC 2365 - Timely Service of documents and litigants in person

In the recent case of Re: B 2016 EWHC 2365 the High Court provided guidance about when documentation should be served on litigants in person (a person without legal representation).  Prior to a hearing it is necessary to complete a Court bundle with all...

Trot -v- Trot 2016 - Enforcement

In the case of Trot –v- Trot 2016 EWFCB35 Mr Trot and his new wife were given custodial prison sentences for breaching family law orders. In this matter Mr Trot breached a Court Order by selling a vehicle in breach of an order that had been made under...

Excessive Spending

In the 2016 case of BD v FD EDHC594 a wife was penalised for her excessive spending following a divorce and indeed the husband was compensated for this in the Court’s final Order. The parties were married in 2002 and separated in 2013 and the husband...

Brexit and Divorce

With Theresa May triggering Article 50 on March 29 th many are referring to the UK’s exit from the European Union as a divorce in its own right. Family lawyers are now discussing the impact of Brexit on family law. No doubt, the greatest change...

Breach of Court Orders and Mental Health Issues

In the 2016 case of Elliott v Butler EWCA953 it was determined by Lady Justice Macur and Law Justice David Richards that Mental Health difficulties were not sufficient to overturn committal to prison. In this matter a financial remedy Order was made in 2012...

Re: C - Relocation of children in the UK

The 2015 case of Re: C addressed the issue of internal relocation of a child. That is where one parent wishes to move home within the UK taking the child with them where the other parent opposes this move. Prior to Re: C the Law in this area had been very...

Robinson and Robinson [2016] EWHC 613 (FAM)

The husband and wife were in their 40’s and had two young children. The parties cohabitation and marriage lasted for about 11 years. When cohabitation began in 2002 the husband already co-owned the company ASOS. His shares at that time were valued at...

K and K (Financial Remedy Final Order prior to Decree Nisi) [2016] EWFC 23

In the recent case of K and K the District Judge made a financial order that the former matrimonial home be sold and 60% of the net proceeds be paid to the wife with a clean break in respect of all other financial claims. The District Judge worded the order...

Minkin v Lesley Landsberg (Practising as Barnett Family Law) [2015]

The case of Mrs Minkin has served to clarify the position to clients and solicitors who use “unbundled” arrangements to engage and conduct legal work. Mrs Minkin instructed a second firm of solicitors after dis-instructing her earlier firm,...

Veluppillai v Veluppillai [2015] EWHC 3095 (Fam)

In Veluppillai v Veluppillai Mr Justice Mostyn described the conduct of the husband conducting his own case as 'abysmal'. . The case concerned a wife's application for financial provision. She sought an order to sell one property and...

EDG v RR (Rev 1) [2015] EWHC 3097 (Fam)

The parties in this matter were both French. They had one child, now aged 3 who live with the mother in Paris. The father lived in London, and did not have any contact or real relationship with the child. In proceedings in France, the father was ordered to...

R (A) (A Child by her Litigation Friend, B) v Secretary of State for Health [2015] EWCA Civ 771

The Abortion Act 1967 does not apply to Northern Ireland and subsequently abortions are not, subject to some exceptions, generally available in Northern Ireland. In this case a 15 year old girl from Northern Ireland sought a judicial review of the...

Welch v Welch [2015] EWHC 2622 (Fam)

A Judge in the High Court has made an extended civil restraint order against a wife whose approach to litigation had been described as "obsessive, or obsessional, and indeed irrational'". This type of order is made when a person’s...

Sharland v Sharland [2015] UCSC60

This case involved an appeal to the Supreme Court by the wife who had, midway through the trial in the financial remedy proceedings, reached agreement with the husband as to the final distribution of their assets. The agreement reached was such that the...

SA v BO [2015] EW Misc B36

An application by the father in this case that his 15 year old daughter should live with him rather than her mother and step-brother.  The application was made on the basis that living with her father would afford her far greater opportunity,...

Wyatt v Vince

The parties were “new age travellers” and married in 1981 the wife already had a daughter and they had one son together. In 1984 the husband left and in 1992 he was ordered to pay maintenance to the wife for the children. They divorced in 1992. ...

Prest v Prest

This case centred around the issue of a husbands non-payment of maintenance and involves an appeal against prison for non-payment of maintenance The parties had 4 teenage children and separated in 2008 after 15 years of marriage. During the financial...

SS and NS [2014] EWHC 4183

This case centred around the issue of periodical payments, both in terms of the duration of maintenance and the amount. The wife was 39 and the husband 40.  Cohabitation had commenced in 2002.  The parties married in 2007 and had three children...

Parents Assets - Are they Relevant? Chandok v Chandok [2014] EWCA Civ 1597 and AM v SS [2014] EWHC

This case concerned an appeal to the Court of Appeal with the wife claiming that the judge in the lower Court should have found that the husband’s parents would continue to provide him with financial support and on that basis periodical payments should...

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...
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