Family Law Hub

Marriage & Divorce

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  • An application for a declaration that a Nigerian divorce certificate was not entitled to recognition in England and Wales because the marriage had not in fact taken place. Holman J found that this application did not fall within any of the purposes listed in section 55 of the Family Law Act 1986. The court was not empowered to make the requested declaration and the application was dismissed. Judgment, 20/09/2019, free
  • The petitioner wished to remarry, but the decree abolute could not be found, by him, or by the court, the files having apparently been destroyed. The former wife was able to find her copy. Mostyn J made a declaration that the former wife's copy was an authentic and accurate copy of a certified copy, and the marriage had indeed been dissolved. Judgment, 01/08/2019, free
  • The mother applied for a declaration that the child was habitually resident in the jurisdiction of England and Wales, and for orders that would prohibit the father from removing the child from her care or from that jurisdiction, in circumstances where the Sweileh Sharia Court of Jordan had issued a without notice order requiring her to place the child in the father's care immediately. MacDonald J was wholly satisfied that the child was habitually resident in the jurisdiction of England and Wales, and thus the court had jurisdiction in relation to matters of parental responsibility. It was in the child's best interests for the English court to decide the welfare issues between the parents. Judgment, 30/07/2019, free
  • A preliminary issue hearing was held to determine the length of the marriage, the impact of the separation agreement, and whether there was any marital acquest. Cohen J concluded that the parties, a businesswoman and an artist, separated in 2004. There was no marital acquest; the wife had been dependent upon her family's wealth throughout. The agreement had been what the husband had sought. The only ground for vitiating the agreement would be if it did not meet his needs. Judgment, 27/06/2019, free
  • The wife had applied for an occupation order for a property. The husband had claimed that the marriage certificate was a forgery. The judge found that there was a marriage and the husband was a serial liar. The husband now sought permission to appeal the findings and the consequent orders, and an extension of time to do so. Williams J allowed the appeal, on the basis that the hearing was procedurally irregular and the outcome consequently unjust. The matter was remitted to the Family Court. Judgment, 25/06/2019, free

Latest know-how

Latest training

  • Recording of webinar first broadcast on 3rd October 2019. Webcast, 03/10/2019, members only
  • Recording of webinar first broadcast 25th July 2018 featuring James Turner QC, Professor Liz Trinder, Simon from Resolution National Committee and Nicola Rowlings. Webcast, 26/07/2018, members only
  • Audio recording of webinar first broadcast live 26 April 2016 Webcast, 29/04/2016, free
  • Mena Ruparel and Nicola Rowlings discuss implementation of centralised divorce processing and what it means for your applications now. Webcast, 22/07/2015, free
  • Max Lewis from 29 Bedford Row considers the issues involved when older couples divorce. Silver separations share several common features, not least pensions in payment, adult children, a lack of earning capacity and mortgage capacity. This seminar is intended to review a number of the issues that commonly arise in such cases. It is not an exhaustive overview of a complex topic, but is more an aide-mémoire when a silver separator comes in for the first time, and factors in relation to which thought is necessary as a matter progresses. Webcast, 18/11/2013, members only

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