Family Law

Jun

2021

Sexual Relations and Mental Capacity – Family Judge Grasps the Nettle

Written by Tracy Creed

Adults of sound mind enjoy a fundamental freedom to have sexual relations with one another – but that right ultimately depends on the ability to give informed consent. A family judge powerfully made that point in a case concerning a vulnerable young...

Jun

2021

Family Judges Won't Let Children Be Used as Pawns in Divorce Proceedings

Written by Teresa Mannion

Concerns that children may be used as pawns amidst the cut and thrust of divorce proceedings are often expressed by one side or the other. However, a High Court ruling in the context of a big money case showed that family judges are aware of such...

Jun

2021

Judge Declines to Authorise COVID-19 Vaccination of Dementia Sufferer

Written by Tracy Creed

Whether or not to be vaccinated against COVID-19 is a matter of personal choice. A family judge robustly made that point in declining to authorise vaccination of a care home resident suffering from acute dementia who had fiercely objected to the...

Jun

2021

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

Written by Teresa Mannion

It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one...

Jun

2021

COVID-19 – Do Diving Asset Values Justify Unwinding Divorce Settlements?

Written by Gemma Whitchurch

The value of many assets has been devastated by COVID-19 – but is that a good enough reason for setting aside divorce settlements agreed before the pandemic struck? A family judge considered that issue in a guideline case. The case concerned a...

Jun

2021

Family Judge Deeply Regrets Wealthy Ex-Couple's Inability to Compromise

Written by Amanda Holland

Judges often plead with divorcing couples to bury the hatchet rather than subject themselves to the financial and emotional self-harm of litigation. As a High Court case showed, however, such good advice is sadly not always heeded. The case...

May

2021

High Court Tackles Mother's Implacable Hostility to Paternal Child Contact

Written by Emma Gray

The vast majority of mothers recognise that their children thrive best when they have a positive relationship with both their parents – but there are sadly those who are implacably opposed to paternal contact. A High Court case, however, strikingly...

May

2021

Big Money Divorce – Court of Appeal identifies 'Double-Counting' Error

Written by Amanda Holland

Where a couple's wealth is more than sufficient to meet their reasonable needs, one might have thought that there would be greater scope for compromise when it comes to dividing up assets in the event of divorce. As a Court of Appeal decision showed...

May

2021

Joint Tenancy or Tenancy in Common? This is Why it Really Matters

Written by Emma Gray

If you are purchasing a property with a partner, friend, family member or anyone else, your solicitor is bound to ask you whether you intend to own it as joint tenants or tenants in common. A High Court case showed why that is likely to be one of...

May

2021

Child Maintenance – Court weighs up lifestyle expectations and resources

Written by Teresa Mannion

Sensible people accept that they have a moral responsibility financially to maintain their children, whether or not they are born in wedlock. As a High Court case showed, the extent of such responsibilities largely depends on needs, reasonable...

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Family Law

Sexual Relations and Mental Capacity – Family Judge Grasps the Nettle

Family Judges Won't Let Children Be Used as Pawns in Divorce Proceedings

Judge Declines to Authorise COVID-19 Vaccination of Dementia Sufferer

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

COVID-19 – Do Diving Asset Values Justify Unwinding Divorce Settlements?

Family Judge Deeply Regrets Wealthy Ex-Couple's Inability to Compromise

High Court Tackles Mother's Implacable Hostility to Paternal Child Contact

Big Money Divorce – Court of Appeal identifies 'Double-Counting' Error

Joint Tenancy or Tenancy in Common? This is Why it Really Matters

Child Maintenance – Court weighs up lifestyle expectations and resources

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