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Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

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Family Law , 11 APR 2016

Family Law newsletter: 11 April 2016

Family Law newsletter: 11 April 2016
The Family Law newsletter provides you with all the latest news, judgments, articles and guidance to ensure you are up to date with the latest developments and their impact on practice.


Government divorce policy failing as 95% of separating couples head straight to court
11 April 2016
As the second anniversary of a landmark divorce law change approaches, new figures obtained by a leading family charity show government policy aimed at promoting mediation as the preferred way of settling disputes over parenting, finance and property has failed.

Team appointed to establish scope and delivery of a new family justice observatory
08 April 2016
The Nuffield Foundation has appointed a team from Lancaster University and the Alliance for Useful Evidence to undertake study that will establish the purpose, functions, and delivery options for a family justice observatory.

Court of Appeal upholds decision dismissing a husband's claim of diplomatic immunity
07 April 2016
The Court of Appeal has upheld a decision dismissing a husband's claim of diplomatic immunity from his wife's claim for financial remedy following divorce.

Family Justice Council: Help with sorting out finances on divorce
05 April 2016
The Family Justice Council has launched a new financial guide to help people going through a divorce without a lawyer.

Changes to the Children Act 1989 in Wales
Julie Doughty @julie_doughty
05 April 2016
The Social Services and Well-Being (Wales) Act is fully implemented on 6 April 2016, and makes major changes to social services functions in Wales. This article highlights the ways in which the Children Act 1989 will be affected.

High Court guidance on relinquished babies and parents from abroad
Gráinne Mellon  @GrainneMellon
05 April 2016
The Family Division of the High Court has given comprehensive guidance in Re JL and AO (Babies Relinquished for Adoption) [2016] EWHC 440 (Fam) on how local authorities should deal with cases concerning relinquished children whose parents are foreign nationals.

Separating couples find support in Divorce Diaries
05 April 2016
Earlier in the year, Family Law in Partnership (FLIP) launched a new initiative aimed at supporting divorcing couples. Divorce Diaries is a comprehensive website containing real-life accounts of separation from people who have undergone the breakdown of a relationship, and the truthful recounts of their experiences during the divorce process.

£200 million to transform life chances of vulnerable young people
04 April 2016
Hundreds of millions of pounds are being invested in a new programme to revolutionise support for the most vulnerable children and families across the country, backed by brand-new freedoms for town halls to provide life-changing services for troubled young people, Education Secretary Nicky Morgan announced last weekend (Sunday 3 April 2016).

New section 20 guidance published
04 April 2016
New guidance issued today by Cafcass, ADCS and ADSS Cymru clarifies expectations on local authorities for children looked after under s 20 of the Children Act 1989, following judicial and sector concerns about its use.


Context is hugely important in proprietary estoppel but does it reflect the realities of family life?
Graeme Fraser  @gsf1996
08 April 2016
The factual background of last month's Court of Appeal decision, Liden v Burton [2016] EWCA Civ 275 involved the acquisition by Ms Liden, a Swedish national, of a share in the beneficial interest of Mr Burton's home, arising from her monthly contribution of which there was '£200 towards the house'.

Panama papers: advice privilege and Sharland set aside
David Burrows  @dbfamilylaw
08 April 2016
The subject of legal profession privilege (LPP) is in the news at present: there is talk of its definition being reviewed in legislation going through Parliament, and its application to the Panama papers has raised question as to how it applies to the leaked documents.

The different methods of Islamic separation - Part 3: Khula and Faskh-e-Nikah
Siddique Patel – @tweetmsiddique
07 April 2016
In this article, we will discuss the following methods of Islamic separation: separation by way of consent between the parties - Khula; and dissolution of marriage - faskh-e-Nikah.

Mediation: construction of terms of an agreement or consent order
David Burrows  @dbfamilylaw
06 April 2016
The recent case of Besharova v Berezovsky [2016] EWCA Civ 161 has things to say: firstly, to any mediator or lawyer who seeks to settle financial issues between formerly married or cohabiting couples (although Besharova specifically applies only to married couples); second, to any lawyer (or mediators) who may be called upon to draft an agreement, Tomlin order or consent orders; and thirdly, to any lawyer called upon to construe agreements or orders when they are found to be unclear.

PSL Essential Update - Family Procedure Rules Amendments April 2016
Amy Sanders  @Amy_Sanders1
06 April 2016
Changes have been made to the Family Procedure Rules to create a new Part 39, regarding attachment of earning orders, and a new Part 40 relating to charging orders, stop orders and stop notices. There is a new PD 40A to compliment Part 40. There have also been some other minor changes to strike out applications, the Child Arrangements Programme and forms in PD 5A.

Presenting financial remedy 'needs' cases
Rhys Taylor – @RhysTaylor32
06 April 2016
Rhys Taylor reflects upon the conduct and presentation of a 'needs' case referred to in the Family Justice Council 'Sorting out Finances on Divorce' Report.

The Archers: how legal support can help the real-life Helens escape domestic abuse
Rayner Grice – @RaynerGrice
06 April 2016
Recent changes to the law on domestic abuse could have helped Archers character Helen Titchener to escape her husband Rob before she reached crisis point and stabbed him, according to a family lawyer.

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PROPERTY: S v J and Others [2016] EWHC 586 (Fam)
Hearing Date: 14 March 2016
Mrs Justice Roberts
Family Division
Declarations as to beneficial ownership were made under s 17 of the Married Woman's Property Act 1882 in respect of four properties owned by the unmarried couple.

FINANCIAL REMEDIES: Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs Intervening) [2016] EWCA Civ 176
Hearing Date: 22 March 2016
Lord Dyson, Master of the Rolls, Lady Justice King and Lord Justice Hamblen
Court of Appeal
The Court of Appeal has upheld a decision dismissing a husband's claim of diplomatic immunity from his wife's claims for financial remedy following divorce.

PRIVATE LAW CHILDREN: Re G (Human Fertilisation and Embryology Act 2008) [2016] EWHC 729 (Fam)
Hearing Date: 06 April 2016
Sir James Munby, President of the Family Division
Family Division
The President granted a declaration of parenthood in respect of twins born to a same-sex couple.

PUBLIC LAW CHILDREN: Re Y (Children) (No 3) [2016] EWHC 503 (Fam)
Hearing Date: 05 April 2016
Sir James Munby, President of the Family Division
Family Division
The President made findings in respect of a family detained by Turkish authorities on the Syrian border.

Legislation & Guidance

Unbundling civil legal services - revised Law Society guidance
04 April 2016
The Law Society has issued an updated version of its Practice Note on unbundling Civil Legal Services.

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