A leading lawyers’ association says that cohabiting couples should have automatic rights to inherit if their partner dies without making a will. Under current law, a surviving partner must apply to the court to obtain financial provision or a share of the estate if their partner died intestate, that is, without having made a will.
Pre-nups are becoming increasingly popular and although they are not legally binding automatically, they are now usually upheld by the courts if they are fair to both sides. If they are not fair, it’s possible that they will be overturned, as happened recently in the High Court. The case involved Morgan McConnell, who is an
Judges will not allow parents to make numerous contact applications spanning several years if the process could be detrimental to their children, as illustrated in a recent case before the Court of Appeal. The case involved a couple who had separated when their children were aged five and two. The mother had made unproven allegations
The government has confirmed that it will introduce new legislation to end the blame game for divorcing couples. It’s hoped the new approach will help reduce family conflict. The move follows a public consultation where family justice professionals and those with direct experience of divorce voiced their support for reform. New legislation will therefore be
A cohabiting couple whose relationship has broken down will walk away with an equal share of their £1m home due to a conversation they had in a pub. That was the decision of the High Court in a case involving Claire Chipperfield, 52, and Andrew Horn, 58, who lived together for 15 years and have
A mother should be allowed to keep her children with her in England even though she had detained them against their father’s will. That was the decision of the Court of Appeal in a case involving a family that had lived in both the UK and Australia. The mother, who was English and the father
Cohabiting couples are being urged to draw up living together agreements to decide in advance how their assets should be divided if their relationship breaks down. The Law Society points out that unmarried cohabiting couples are the fastest growing type of family in the UK. Many of them assume they have the same legal rights
The Justice Secretary David Gauke announced today the archaic divorce laws will be reviewed to end hostility between divorcing couples. The current position Couples must divorce on the ground of ‘irretrievable breakdown of the marriage’ established on one of the five following grounds: Two years separation with consent Five years separation Unreasonable behaviour Adultery Desertion
The Justice Secretary, David Gauke, has confirmed that the government is planning to reform divorce law to end the ‘blame game’ that can cause so much stress for some couples when they separate. Under the current system, there are five reasons for being granted a divorce by the courts: adultery, unreasonable behaviour, desertion, two years
The Family Court has ruled that a 10-year-old boy who was abducted by his father and taken to England should be returned to his mother in Portugal. The mother and father, who also had a daughter aged 16, had separated in 2009 and subsequently divorced. In 2014, the father relocated to England but travelled to