Family Law

9.09.21

Is the Covid-19 pandemic a ground for setting aside a financial remedy consent order?

In the second of two key reported cases on the issue, His Honour Judge Kloss has accepted that in principle, the Covid-19 pandemic is capable of constituting an event which is grounds for setting aside a final order in financial remedy proceedings. In HW v WW [2021] EWFC B20, the key question before the judge…

Mediation – An alternative way to divorce

According to a recent survey, as many as 25% of divorcing couples regret not using mediation or some other form of alternative dispute resolution (‘ADR’) to resolve matters at the end of their marriage. 40% wish that they had a friendlier relationship with their ex-spouse, be this for the good of future co-parenting or otherwise….

6.07.21

Delay to no fault divorce

The sea change in family law due to be brought about under the Divorce, Dissolution and Separation Act 2020 has been delayed by at least six months. Under the bill, this autumn was meant to see the introduction of ‘no fault’ divorce into England and Wales. Under the current law, laid out in the Matrimonial…

21.06.21

The importance of Pre-Nuptial Agreements

An increasing number of couples are now opting to enter into Pre-Nuptial Agreements (‘PNA’s or ‘prenups’) in order to try and control how their assets are divided up in the the event of divorce. Although PNAs cannot prevent a spouse from applying to the court for financial provisions from the other spouse upon divorce, the…

25.05.21

The online divorce portal – bringing family law into the 21st Century

As with so many aspects of our lives, Covid-19 restrictions have forced family law online in the last year. Her Majesty’s Courts and Tribunals Service have had an online portal for processing divorces in the works for years, but until relatively recently it has only been available to a select group as part of a…

27.04.21

M v H and Covid-19 vaccinations in children – An indication of what might come

With the Covid vaccination rollout progressing so promisingly, it seems it is only a matter of time before the Family Court has to deal with its first case resolving a dispute over whether a child should be given a Covid-19 vaccine. Separated parents have faced numerous challenges over the last year; home schooling and confusion…

26.03.21

Non-molestation and Occupation Orders

The upcoming third (and final) House of Lords reading of the newly enhanced Domestic Abuse Bill, and the public reaction to Sarah Everard’s tragic death, have led domestic abuse (and violence against women in particular) to come under renewed scrutiny. Since the Covid-19 lockdowns began, calls to helplines for both male and female victims of…

17.03.21

Relocation and child contact arrangements during the pandemic: what should be considered?

Over the last year, as we have gone in and out of lockdown, many of us have taken the opportunity to consider possible changes to our lives when the world returns to a sense of normality.  One major change that has been considered by many is relocation, often where individuals or families are looking for…

1.03.21

Rattan v Kuwad – Common sense in MPS decisions

In the recently reported case of Rattan v Kuwad [2021] EWCA Civ 1, the Court of Appeal considered the approach to be taken to awards in MPS applications. Here, we consider the basics of MPS applications – what they are, who they’re for, and how we can help – in the light of this new…

3.02.21

Rebecca Ridsdale joins Brett Wilson LLP’s Civil and Family law department

Rebecca Ridsdale has joined Brett Wilson’s Civil and Family law department. Rebecca specialises in family law and civil litigation matters. Rebecca has extensive experience in high net worth divorce and family cases. For Rebecca’s full biography, please click here.