I frequently read reports in the media about people who have decided to buy a property together, but find themselves court arguing about whether they actually own a share in the property or about how much of the equity they … read more
The wrong stuff
In 1961, NASA astronaut Alan Shepard, the first American (and second man) in space, was asked by Mission Control what he was thinking about while waiting for the launch of his Mercury-Redstone rocket. He infamously replied, “The fact that every … read more
Reality bites again
Back in March, I wrote a blog about Helliwell v Entwistle, where a husband who was told that he needed to learn how to cook by the judge when he argued to the court that it shouldn’t uphold a pre-nuptial … read more
Why is 50:50 not the answer?
Many people assume that if you divorce or dissolve a civil partnership, the assets should automatically be divided equally. However, this is grossly simplistic. A 50:50 split may be appropriate in some cases, but in many cases there is a … read more
Family law stuff that makes no sense – Part 2: The remarriage trap
Section 28 (3) Matrimonial Causes Act 1973 provides that: If after the grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement … read more
Has no-fault divorce made things better or worse?
No-fault divorce and dissolution has now been the only way that new divorce proceedings can be started for over three years. Has this improved the way that family disputes are resolved or has it made things worse? Under the law … read more
Family law stuff that makes no sense – Part 1
Property disputes between unmarried couples are not family law cases There is a great deal about the law that applies to disputes between cohabiting couples that makes very little sense, not least a law that is not fit for purpose. … read more
One size doesn’t fit all
The Ministry of Justice and HM Courts & Tribunals Service have just begun a year long pilot of an express financial remedy application process, designed to provide a better way to resolve cases where the assets are of a modest … read more
Reality bites
A husband has recently experienced the humiliating experience of not just being told by a High Court judge that he needs to learn how to cook, but has now found it reported in The Times, the Daily Mail and The … read more
Not worth the paper it’s written on?
It is very common for new clients to consult a solicitor about a divorce or dissolution, and to arrive at the solicitor’s office clutching a piece of paper setting out a financial agreement with their ex. It will have been … read more