Family law, relationships, separation & divorce: thoughts & comment
How prenuptial agreements are viewed varies across the globe. In many countries, they are a common step taken ahead of marriage, in others they are almost unheard of. Some EU countries enable a couple to elect a specific “matrimonial property” regime, which governs how their assets will be divided on divorce. For international couples who... Continue Reading →
It is more difficult than ever for young people to get a foot on the housing ladder. With rising property prices, growing inflation and the cost-of-living crisis increasing outgoings, young people are relying on their parents more than ever for financial assistance. To get a foot on the property ladder, many young adults are buying... Continue Reading →
When parents separate, new arrangements have to be made about the care and welfare of the children. Ideally, parents should reach an agreement and discuss matters with the children in a neutral, reassuring and age-appropriate way. The majority of parents are able to agree between themselves what should happen, but some do not. It can... Continue Reading →
The Spring Budget announced on 15 March 2023 has provided confirmation of changes which will be made to simplify the tax rules for married couples on separation, as of 6 April 2023. What has happened historically? Married couples and civil partners may make transfers of assets between themselves without having to pay Capital Gains Tax... Continue Reading →
Why has the law been reformed? Under the previous law those wanting to separate in the UK had to rely on one or more facts to prove that their relationship had irretrievably broken down: unreasonable behaviour, adultery (not available for civil partnership dissolution), desertion for at least 2 years, separation for at least 2 years... Continue Reading →
Nowadays, we are a global society with connections across the world. However, the laws of our new favourite destination countries don’t always make travel easy for modern family set-ups. Many people are unaware that, depending on where you are travelling, you may need to provide additional evidence, follow specific processes, or perhaps even have a court... Continue Reading →
Making pensions on divorce less of a scary subject
The courts have been under increasing pressure for years, and this has come to a head as a result of the impact of the Covid-19 pandemic. In finance cases on divorce where the parties can’t agree how to split their assets, resulting in one party making an application to court, delays continue to increase. The... Continue Reading →
When a couple with dependent children divorce or separate they will be very aware of the impact this will have on their children, and this will normally be a major consideration in the decision about whether and when to separate. However, often less thought is given to the impact that a separation can have upon... Continue Reading →
A recent Court of Appeal case has the potential to change the landscape of arbitration in family law. With the court backlog worse than ever as a result of Covid-19, out-of-court settlement options, such as Early Neutral Evaluations, Private FDRs and Arbitration are seen as increasingly attractive prospects for separating couples, who would like to... Continue Reading →
Picking up the pieces 