Posts

Competing applications involving children

The Court of Appeal has recently reiterated that in cases where there are competing issues to be determined, decisions around who should be the carer and the child arrangements should be made first. Cases involving the relocation of a parent who is a child’s main carer, with the child, following separation or divorce are always […]

A realistic approach to lifestyle choices and ‘future needs’

The Court of Appeal has recently considered the impact of a ‘lifestyle’ decision by one partner to stop work on any financial settlement following separation. In another recent family law case to hit the headlines, the Court of Appeal considered a claim by the ex-wife that she should have been compensated beyond the £140,000 that […]

Short Marriage – Eating away at the principle of the 50/50 split?

The latest headline-grabbing ruling from the Court of Appeal suggests that in the case of a short marriage, the principle of financial equality in divorce may be set aside. The Court of Appeal has recently delivered a judgement in which it departed from the principle of a 50:50 split of the assets built up during […]

‘Irretrievable breakdown’ after Owens v Owens

The recent Court of Appeal decision in Owens v Owens has very clearly placed the spotlight on divorce and the anomaly which means that a marriage which has broken down ‘in fact’, has not necessarily reached the point of irretrievable breakdown ‘in law’. Owens v Owens The case of Owens v Owens [2017] EWCA Civ […]

Revisiting Maintenance? The Court of Appeal decision in Mills v Mills

The tide against the concept of ‘maintenance for life’ has turned or so we thought with courts increasingly emphasising the need for the party receiving maintenance to do so only for a short period of time, and aim to become independent. Discussions in the House of Lords have also called for an end to ‘lifelong […]