The Divorce (Financial Provision) Bill received its second reading in the House of Lords last week. The Bill is a Private Members Bill introduced by Baroness Deech (Crossbench) and proposes to replace section 25 (2) of the Matrimonial Causes Act 1973. Setting out the proposals to the Bill, Baroness Deech explained: ‘The purpose of this
The Family Division at the High Court heard that the Wife in this case, who is in her late 70s, was frightened of her husband, a 67-year-old millionaire from Essex, and took legal action against him. Judge Catriona Murfitt concluded that the Wife was likely to suffer ‘significant harm’ if the Husband stayed in the
According to research from Relate, one in 10 couples consider divorce at some point as everyday stresses take their toll on relationships. While not every couple who consider divorce actually end up going through with it, many end up drifting towards divorce when relationships could have been saved. The research includes both married and co-habiting
A number of news articles have reported that there is a possibility that Simon Vaughan, a soldier who was severely injured in Afghanistan, will face losing some of his £1.1m compensation in his divorce. The final financial hearing in this case started on 21st September 2015. The outcome of this decision will depend upon the
The latest Court of Appeal decision on international relocation (Re F (International Relocation Cases) ) has overturned an experienced judge’s decision because they focussed too much on the Payne criteria and not enough on the overall assessment of welfare. In the first instance in Re F, the mother was granted leave to remove the child
Therese St Clair Marshall and Nicholas Marshall separated after a seven-year marriage and Nicholas moved in with his parents. During financial remedy proceedings following divorce, an order was made in December 2013 for the £2million house to be sold and proceeds divided by the parties in order to achieve a clean break between the parties.
In the recent case of Lindner v Rawlins, there was a considerable amount of litigation between the parties including divorce proceedings in which each petitioned against the other on the basis of unreasonable behaviour. In this case, Mr Lindner sought to reply on the alleged ‘unreasonable behaviour’ of his wife however she denied his accusations
Resolution has backed the Law Commission’s call for a reform of matrimonial property law. This confirms that the current rules are ‘not sustainable’ Resolution has responded to the Law Commission’s consultation in this area. The group talked of a ‘reformed discretionary approach’ to the calculation of the payment of spousal support, stating: “We are concerned