Latest updates
- Upper Tribunal Judge Ward allowed the appeal by the non-resident father. who was applying for a supersession on the basis that his daughter had ceased to be a qualifying "child", being no longer in full-time non-advanced education. The First-tier Tribunal had made an error of law in refusing the application on the grounds that child benefit was still being paid. Judgment, 11/04/2019, free
- A financial remedy application made by a husband against his wife, the great-granddaughter of the founder of Avon Products, Inc. The Judge, Mr Justice Mostyn, had to determine if the capital from the family trust was available to the wife and was the pre-nuptial agreement void? He found that the money was available to the wife and that the agreement was invalid. He awarded the husband £1,333,500 to meet his needs. Judgment, 11/04/2019, free
- MacDonald J initially concluded that the judge's award exceeded the wife's housing need. However, following the circulation of his draft judgment, his attention was drawn to a significant material omission in the figures that had underpinned those conclusions, and he decided that the manner in which the judge chose to structure the disposition was not after all wrong, and the husband's appeal was dismissed. Judgment, 10/04/2019, free
- The wealthy husband, a citizen of Oman, had divorced his wife there by means of unilateral talaq and financially "pulled up the drawbridge", leaving the wife resident in the UK with large debts. Holman J made an order on a clean break basis, with the husband ordered to pay the wife a total sum of £24m. Judgment, 09/04/2019, free
- The restored hearing of a judgment summons for the committal to prison of the former husband, for significant arrears of maintenance. Holman J was not yet willing to make a suspended order for committal and further adjourned the committal hearing. Judgment, 09/04/2019, free
Latest know-how
- A useful reminder of how income is calculated in the CMS formula (including why gross income is used, and annual reviews) Practice note, 20/12/2018, free
- Appeal by HMRC in proceedings where a now deceased wife had deliberately transferred part of a pensions pot to avoid it becoming due to her ex-husband and had also not withdrawn any benefits thus avoiding IHT. Appeal allowed. Case note, 17/12/2018, members only
- In a tweet: Distinguishing between devices and shams Case note, 17/12/2018, members only
- Standard family order as approved by the President 30 November 2017. This version update 9 November 2018. Order, 13/11/2018, members only
- In a tweet: Supreme Court rules in favour of bereaved mother who was not married to her children’s father Case note, 26/10/2018, free
Latest training
- Recording of webinar broadcast on 7th February 2019 Webcast, 11/02/2019, members only
- Recording of webinar broadcast 18th January 2019 Webcast, 14/01/2019, members only
- Recording of webinar broadcast live on 4th October 2018. Presented by Philip Cayford QC of 29 Bedford Row. Webcast, 09/10/2018, members only
- Mark Penston and Mena Ruparel provider a refresher on the core concepts underpinning pensions and divorce. Recording of webinar first broadcast live 11 September 2018 Webcast, 11/09/2018, members only
- 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, members only
Latest sources
- Coming into force immediately before EU exit day. SI, 11/04/2019, free
- This Statutory Instrument to be made under the European Union (Withdrawal) Act 2018 will ensure that the UK is ready, after EU Exit, to apply the 2007 Hague Convention on the international recovery of maintenance. SI, 12/10/2018, free
- In force 8th August 2018 Practice direction, 27/07/2018, free
- Form (external), 05/04/2017, free
- These Regulations amend and modify the Child Support (Collection and Enforcement) Regulations 1992 (S.I. 1992/1989) (“the 1992 Regulations”). They amend the Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785) (“the 2012 Regulations”) and the Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014 (S.I. 2014/614) (“the Ending Liability Regulations”). These Regulations also dis-apply the provisions in section 29(4) to (7) of the Child Support Act 1991 (c.48) in relation to a segment 5 case where liability is ended whilst these Regulations are in force. SI (external), 17/10/2016, free
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