Date: 18 Dec 2021
The International Family Law Group LLP is pleased to announce that iFLG co-founder and partner, Prof David Hodson OBE MCIArb, has today, 22 December 2021, been appointed an Honorary Queen’s Counsel, by Royal prerogative.
By Annie Boxer
Date: 24 Nov 2021
On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the ‘new norm’.
By Paula Fox
Date: 18 Nov 2021
Practice Areas: Arrangements for Children | Child Abduction | Child Relocation: Moving Abroad with a Child | Children | Cross Border Enforcement | Financial Provision for Children
James Netto nominated for the Citywealth Future Leaders awards, was delighted to receive the accolade of Bronze Future Leader 'Family Lawyer of the Year - Partner'.
By Annie Boxer
Date: 10 Sep 2021
From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since its launch in May 2018 and this is yet another important development for the provision of digital solutions in divorce and financial remedy case.
Date: 17 Aug 2021
The rapid growth of technology has led societies to adapt to the circumstances that a new, digital reality, as some would describe it, has been created. The digital world is constantly morphing and evolving, while applying to almost every aspect of our lives. Technology is an indispensable tool that people use today, among other things, for their personal growth and in their social lives. Meaningful access to technology is a way of realising our rights, maintaining our relationships, and developing our careers.
Date: 06 Aug 2021
The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there is no public or policy input into the law or changes in the law. It has the significant difficulty that by reference to almost unfettered discretion with propensity for contradictions or nuances in the judge made law it encourages litigation and discourages early settlement.
Date: 30 Jul 2021
iFLG Partner David Hodson OBE has teamed up with Michael Horton QC of Coram Chambers who have launched a podcast series during 2021 in place of their annual conference.
Date: 09 Jul 2021
The coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and a couple separates or divorces, who keeps the dog?
Date: 18 May 2021
Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a ‘clean break’.
Date: 11 May 2021
When the Family Procedure Rules 2010 (FPR) originally came into force in April 2011, rule 8.26 provided that applications for leave under Part III must be heard by ‘a judge, but not a district judge’. Rule 8.28 of the original rules went on to provide that if the leave application was granted, the court may direct that the application be heard by a district judge of the Principal Registry of the Family Division (PRFD). In practice this meant that leave applications were heard at circuit judge leave or more commonly high court judge level. If leave was granted it was often retained at that senior level, although there was discretion for the substantive proceedings to be heard by a district judge within the PRFD.
By Lucy Loizou
Date: 18 Feb 2021
Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a ‘common law’ husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is far from this. Cohabitants do not have the same financial protection and security on the breakdown of their relationship as is afforded to married couples/those in civil partnerships. The law in England and Wales is far from satisfactory in this area. It is archaic, confusing, and outdated. Complex legal principles are often applied, particularly in relation to the division of property. Such principles are not easy to understand and can lead to expensive legal proceedings and delay.
Date: 11 Feb 2021
The last thing an entrepreneur has is time!
Date: 04 Feb 2021
One of the features of the new family law landscape on the UK leaving the EU is the re-emergence of sole domicile, a jurisdictional connecting feature in English law over many decades. It is now a primary basis for divorce as it was until the end of February 2001 when Brussels II first arrived. It is no longer a restriction on the family courts’ power to make needs-based orders. UK domiciliaries again have access to the family courts of England and Wales. What is there not to rejoice and to welcome back into English family justice with open arms!
By Annie Boxer
Date: 03 Feb 2021
There is no disputing the fact that the Family Court has faced numerous unprecedented challenges as a result of the Covid-19 pandemic. Judges and court staff are under considerable pressure to ensure that there is a continued access to justice. However, with increased pressure, demand, and workload, delay to financial remedy cases has unfortunately been inevitable. For a client, delay can mean increased stress, costs, and uncertainty all of which are of course not welcomed, especially when tensions may already be high owing to the changed commercial reality of some cases. Nonetheless, there are various options that can be pursued to minimize delay in financial remedy cases; two increasingly popular options being engaging in arbitration or arranging a private FDR.
By James Netto
Date: 02 Feb 2021
The UK’s departure from the European Union in 2020 signalled the careful and complex process of the uncoupling of our domestic law from 45-odd years of law originating from the EU. Whilst the Brussels-based Court of Justice of the European Union (CJEU) no longer has the same role in law over any British cases, it is still possible for the right case from the UK to be propelled into and have the benefit of a European court. It is the European Court of Human Rights (or ECHR) based in Strasbourg. It remains a further venue for a small number of very specific cases originating in the UK.
