The need for cohabiting partners to draw up agreements stating how their property and assets should be shared in the event of a break-up was highlighted in a recent case before the Court of Appeal. It involved a couple who had been in a relationship for many years and had lived together since 2002. When
Cohabitants are couples who live together as if man and wife but outside the confines of a marriage, for example, as boyfriend and girlfriend. In England and Wales, many couples are choosing to live this way and it is a relationship arrangement that is continuing to increase in popularity. Contrary to popular opinion, cohabitants are
A divorcing wife has won the right to have a share of a property in India owned by her husband, even though he claimed he was not in a position to sell it. The case involved a couple who had been married for 30 years and wanted a clean break when they divorced. They both
The Court of Appeal has urged “warring” parents to put the needs of their children first when taking legal action over contact arrangements. It says many parents focus too much on their rights at the expense of their duties and responsibilities towards their children. The plea came during a case involving two parents in a
One of the UK’s leading judges has called for the introduction of no-fault divorces to remove the sense of blame and bitterness that accompany so many break-ups. Baroness Hale says the current system is outdated. She wants it to be modernised so that couples don’t end up making unnecessary accusations about infidelity or unreasonable behaviour.
After the matrimonial home, pension funds are usually considered to be the second largest matrimonial asset and they often need to be valued and dealt with when negotiating financial settlements between spouses on divorce. The law In December 2000, the Welfare Reforms and Pensions Act 1999 came into force and the Court was given the
A father has been told he must accept reduced contact with his daughter after losing his appeal against a court ruling. The case involved a couple who had separated when their daughter was 18 months old. The girl lived with her mother but the father applied for a shared residence order. Before the hearing could
The Law Commission is looking at ways to improve the enforcement of Family Financial Orders, which are used to help support children and former spouses following divorce. The commission says these orders are sometimes obtained at “significant financial and emotional cost” to everyone involved. The stress can be compounded if the orders cannot then be
The Marriage Foundation has launched a manifesto calling on political parties to consider the need to reform divorce law. The Foundation, which is led by one of the country’s senior family judges, Sir Paul Coleridge, believes current law is outdated and out of step with modern life. The call for change coincides with two recent
On 11th March 2015, the Supreme Court handed down their decision in the case of Vince v. Wyatt [2015] UKSC 14 and granted a wife permission to make an application for financial relief against her ex-husband even though they had divorced over 20 years ago. Facts of the case: The parties married in 1981 and