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The first question for the court to determine is whether the debts are legitimate, and this is a question of fact. Sometimes ‘soft loans’ from family members may not be considered as repayable and some may even be sham arrangements to deplete...
Cases like this can be very challenging as the family court will look to meet the needs of the parties and any dependants, but the bankruptcy court’s duty is to the bankrupt person’s creditors. Much depends here on timing specifically the...
In the recent case of AH v BH [2024] EWFC 125 Mr Justice Peel had to consider the terms of a pre-nuptial agreement where the assets were around £50m and almost all of the assets were held in the husband’s sole name. If the pre-nuptial agreement...
The court has the power to appoint a Guardian in court proceedings regarding children. This is often called ‘a Rule 16.4 Appointment.’ The Guardian is usually employed by Cafcass, but this is not always the case. There is...
The Pathfinder scheme launched in Birmingham on 28 May 2024 and with it came a fundamental change to Cafcass’ investigative and reporting role within private children law proceedings. Before Pathfinder, Cafcass would often prepare two reports –...
On 28 May 2024, a reformed approach to private children law launched in Birmingham, called Pathfinder. This scheme has previously been piloted in Dorset and North Wales and has now been expanded to Birmingham. This means that all proceedings started after...
When the parties to a divorce exchange financial information through statements known as Forms E there is a question that asks for an overview of the financial position of new partners if you are living together or intend to. You are asked to provide...
Following a divorce, the court has a variety of different powers to divide the couple’s finances and assets. Usually a financial order would be in ‘full and final settlement’ of all claims and there would be very limit circumstances...
The short answer is no. No one should force you into pursuing a settlement that you are not comfortable with. If you want to take less than you have been advised you are entitled to this is your decision to make. You can however expect your...
Currently, unmarried couples in England and Wales do not have any legal rights if they separate, this is very different to couples who are married. Many couples believe that if they have been living together for a number of years then this is classed as a...
The recent ruling given by Mrs Justice Knowles in X v Y (2024) provides insight and guidance to parties going through family proceedings about the need to continually assess whether their differences could be resolved out of court. In the present case, the...
In truth, it is well advised that everyone should consider having a Lasting Power of Attorney. Even though it is uncomfortable to think about, for many of us, there will sadly come a time whereby we no longer have the mental capacity to handle our own...
When you divorce your spouse, you will have claims in respect of one another’s income, capital and pensions. The court will consider each category in isolation and will strive to reach a fair division of the assets between the two parties. To...
No, you cannot vaccinate your child without permission from all persons who hold parental responsibility providing their consent. This is because the decision whether or not to vaccinate a child is a medical decision, which should always be made jointly...
The Court will strive to divide assets between separating spouses fairly and will take into account a list of relevant factors, including: the age of each party, their earning capacities and future earning capacities / income resources, the financial needs...
An FDR hearing is usually the second Court hearing during Financial Remedy Proceedings. It typically takes place some months after the First Directions Appointment (FDA) hearing. At the FDR Hearing, both parties are given the opportunity to reach a...
The family team at George Green Solicitors, notably Mark Vandaele and Aimee Stokes , have recently had success at appealing a high-net-worth financial order at the Royal Courts of Justice. The road to a successful appeal is a long one, however the...
The case of Raza v Gall [2023] led to a mother being imprisoned for 28 days after she was found to be in contempt of court for continually not complying with court orders. The proceedings arise due to the Father putting in an application for a Child...
UK Company Law is changing. Following the introduction of the Economic Crime and Corporate Transparency Act in October 2023, a number of changes will come into force from 4th March 2024. Of these changes, the most notable include new requirements for both a...
This matter was recently considered by the High Courts in the case of Mahtani v Mahtani [2023] EWHC 2988 (FAM). In this case, the Wife and Husband were married in London on 06 February 2003. They later went through a subsequent Hindu wedding celebration in...
