Mr and Mrs Owens have been married for 37 years but sadly Mrs Owens feels that their marriage has irretrievably broken down and petitioned for divorce in 2015.
However, as Mr Owens had not committed adultery, and the parties had not been separated for two years, the only available route was to allege unreasonable behaviour.
This is a fairly standard approach, so far. Continue reading →
This month two disgruntled ex-husbands have hit the headlines – both fighting in the Court of Appeal to reduce or terminate the monthly maintenance they are paying to their former wives. Continue reading →
Leading family lawyer Sharon Ser, alongside professional support lawyer Philippa Hewitt, have recently contributed a chapter on Hong Kong family law to a new guide comparing family law around the world.
Separating can be very stressful, with opposing points of view on lots of issues making it difficult to reach agreement with your partner on the essential aspects of your divorce. But there is an alternative way to make these decisions without having to fight them out step-by-step in court: mediation.
A good divorce is one that is as painless as possible. Sorting the finances out can be a painful part of the divorce process. The cost – both financial and emotional – of court litigation should not be underestimated. The delays in the court system mean that proceedings are often dragged out. Continue reading →
The first opposite-sex civil partnership was celebrated in the Isle of Man recently between Adeline Cosson and Kieran Hodgson. They said they wanted to ‘keep it simple’ rather than have a traditional wedding and that, although they do want to marry one day, it is not what they want now. Whilst the Isle of Man is a Crown Dependency, it is not part of the UK and has different laws. It is the only place in the British Isles which allows and recognises opposite-sex civil partnerships. Continue reading →
When it comes to family trusts, it is usually the beneficiaries of the trust who get all the attention, but it is the role of the trustees that interest me.
Trustees have a somewhat strange and difficult job – they own the assets held on trust but they hold them for the benefit of beneficiaries, and so have a duty to act in those beneficiaries’ best interests. The trustees can control and manage the assets but only within the parameters of the trust.
On divorce, the court’s powers in respect of asset division are as far reaching as they are discretionary. The judge will look at all the relevant facts in the particular case in order to find a solution that is fair. This must be the right approach. Continue reading →
Mostyn J’s judgment in DB v DLJ last week deals with the routes of challenge and appeal available for those with family arbitral awards. It is a legal treasure-trove, full of jewels for the practitioner: a thorough scrutiny of the arbitral process in both civil and family cases; an in-depth analysis of the court’s power to interfere with an arbitral award; judicial guidance on what constitutes a mistake or unforeseeable event; and procedural guidance for those seeking to enforce or challenge an arbitral award. Continue reading →