Divorce and intra-UK jurisdiction disputes Amy Scollan discusses the contrast between English and Scottish law on matrimonial settlements. As a family solicitor, it doesn’t take very long until you find yourself dealing with an intra-UK jurisdiction dispute. They are more common than may be thought. This is because there are financial advantages to be had…
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Residential property news
Rosemary Milns discusses the Law Commission consultation on digital wills in the Financial Times and Family Law Week
The outdated law of wills needs an overhaul according to the Law Commission. The Law Commission says that an estimated 40 per cent of adults die intestate each year and it is thought that the laws could be discouraging people from making a will. As a result, the Law Commission is consulting on proposals to soften the strict…
Steps that can be taken to try and avoid a successful claim being brought under the Inheritance (Provision for Family and Dependants) Act 1975 This article summarises and adds to a previous article on this subject, which can be found here. Under English law, by making a Will individuals are free to choose who will inherit…
An aristocrat related to the Duchess of Cornwall is trying to use Scottish divorce law to challenge maintenance payments awarded to his wife in the English courts. In the latest example of divorce “forum shopping”, Charles Alastair Hyde Villiers, 54, a descendant of Mary Tudor, claimed that his wife was “trying it on” in the…
Can I challenge our divorce proceedings? My husband and I are going through divorce proceedings and I believe he has not disclosed assets honestly. What recourse do I have to challenge this and what are the potential risks? Richard Kershaw, a partner in both the family and dispute resolution departments at Hunters Solicitors, says if…
Graeme Fraser comments on Julie Sharp Court of Appeal divorce Judgment in the Financial Times, Daily Mail, Solicitors Journal, Lawyer Monthly and Family Law Week
On the morning of Tuesday 13th June 2017, the Court of Appeal delivered its Judgment on Julie Sharp’s appeal against awarding her ex-husband an equal division of their wealth. Robin Sharp was not entitled to an equal share of his ex-wife Julie’s fortune and cut £725,000 from his award, judges ruled. Judges also ruled that…
While divorce will for most people trigger enormous emotional and financial stress, separating without the formality of divorce can also be financially disastrous. This was highlighted in a recent case concerning a couple married for only three weeks and separated for almost 30 years afterwards. Litigation is ongoing. Home rights If one person moves out they…
Hazel Wright discusses Sir James Munby’s argument for separating divorce and money in Solicitors Journal
Clean break between divorce and money Sir James Munby, President of the Family Division, wants to cut the Gordian Knot of divorce. By suggesting that proceedings be streamlined, he summarises what is required: ‘formally, legally and procedurally, a complete de-linking – separation – of divorce and money.’ Published under the heading ‘17th View from the…
Partner Graeme Fraser has been interviewed in The Law Society Gazette, as part of its My Legal Life feature. “I was surrounded by lawyers from a young age. My father was senior partner of a London law firm and chair of the Law Society’s legal aid committee. Many of my family members have been solicitors, barristers…
Graeme Fraser examines the beneficial ownership of properties in unmarried couple disputes in Family Law
Context counts for a lot – determining the beneficial ownership of properties in unmarried couple disputes Each party was relying on common intention but they could not agree on what it was. Mr Marr had purchased various properties over a 10-year period, making all the financial contributions, but at the same time placing them in…
The increase in Probate Court fees which would have seen the fee for applications for Probate for some estates rise to £20,000 from £155 has been shelved as a result of the imminent election. The rise had anyway been severely criticised by the parliamentary Joint Committee on Statutory Instruments, describing the increase (which many considered…
Jo Carr-West comments on ‘special contribution’ and the cases of Randy Work and Ryan Giggs in Bloomberg, City A.M. and Solicitors Journal
Randy Work, former Lone Star Funds executive, lost his divorce appeal today after failing to convince judges that his “special contribution” during their marriage meant he was entitled to a bigger share of a $225m fortune, because of his “genius”. … Jo Carr-West, Partner in the Family Department, commented: “Today’s decision in the case of Work v Gray…