On 17 May 2011, the National Assembly adopted the Law on Notary Public, which came into effect on 1 September 2014.
The Royal Court of Jersey has concluded that it has power under its inherent jurisdiction to sanction a compromised settlement of litigation reached by the plaintiff on behalf of a minor.
Malcolm Underhill, child abuse solicitor at IBB Solicitors, interviews Peter Saunders, CEO of the National Association of People Abused in Childhood.
Collyer Bristow has recruited another partner, family law specialist Philippa Dolan, to its growing private client practice.
Politicians should consider introducing a contribution scheme to help talented employees meet childcare costs, according to the British Chambers of Commerce.
From 1 October 2014, the partner of a pregnant woman will be entitled to take unpaid time off work in order to accompany the expectant mother to antenatal appointments.
According to research by the Action for Children, a third of children taken into care in the past year were separated from their brothers and sisters.
One of the leading private client teams in the UK, our department is committed to meeting the legal and financial advisory needs of the private individual.
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KPMG has revealed that 58 per cent of family businesses are currently seeking external financing to fund their plans, but finding the right strategic partner can be challenging.
Alison Sharland has been granted permission to appeal her divorce settlement on the basis that her husband misled her over the true value of the parties’ principal asset.
Shepherd and Wedderburn has announced the first in its series of wealth management briefings, which will run in both Edinburgh and Glasgow.
This briefing discusses some of the issues to be considered by trustees of Guernsey trusts and their advisers when foreign couples connected with the trust divorce.
Divorces are now taking longer download
New research has shown that the average divorce now takes more than three weeks longer than it would have done less than a year ago.
This is an experienced, commercially focused team with a network of international offices.
The Co-operative Group’s half-year results, released today (4 September), show a £5.1m loss in the 26 weeks up to 5 July for the legal services arm.
In instances where reconciliation is not possible and divorce or separation result, the rights of children enter the equation, as well as issues of child welfare.
Extra paternity leave for fathers download
In their manifesto for the next general election, the Liberal Democrats will pledge to give fathers an extra four weeks’ paternity leave.
Employment update — September 2014: tax simplification review; whistleblowing; and shared parental leave download
Wragge Lawrence Graham & Co’s employment specialists discuss the implications of the latest employment law issues and provide action points to help you and your organisation.
From 5 April 2015, eligible employees will have the right to opt into a new system of shared parental leave.
New right for those in ‘qualifying relationship’ with a pregnant woman or her expected child to attend antenatal appointments download
Employees and agency workers in a ‘qualifying relationship’ with a pregnant woman can now take unpaid time off work to accompany the woman to antenatal appointments.
A recent maternity case (Smith-Twigger v Abbey Protection Group) has illustrated the importance of maintaining contact during the maternity-leave period.
Boyanov & Co provides advice in connection with wealth management, tax planning, business and personal relocation, family law matters and employment law advice.
New proposals that would help relatives of missing people to take care of their legal affairs have been published by the government.
Families of missing people could soon be allowed to take control of their absent relative’s legal and financial affairs.
Can and should office relationships be allowed or does the home connection lead to domestic issues pervading the working environment?
Julie Congreves has commented following the government’s statement that changes to lasting powers of attorney applications will streamline the process.
The Office for National Statistics recently reported a rise in the number of divorces among couples born in the post-war years between 1946 and 1964.
Simon Newsham, partner in Winckworth Sherwood’s tax team, has been quoted in the Daily Mail in relation to inheritance tax.
From 5 April 2015, the government plans to give families greater flexibility when deciding who will take time off work to look after their new baby.
A new report from Aviva has found that the average cost of divorcing for each couple has risen 57 per cent, from around £28,000 in 2006 to £43,900.
A lasting power of attorney gives authority to another person to make decisions on behalf of the donor if the donor loses mental capacity.
Winckworth Sherwood partner Sue Kelly has featured in a training video produced by the University of Law entitled ‘Employment: Children and Families Act 2014’.
BWB’s legacies and probate disputes team is made up of experienced lawyers from a range of disciplines.
B P Collins’ Sue Andrews has commented on David Cameron’s announcement that the budget for relationship counselling is set to double.
In this video, Charlotte Leckie, family and matrimonial solicitor at IBB, answers a series of questions on making childcare arrangements.
Flexible working for all employees download
From 30 June 2014, new Flexible Working Regulations, part of the Children and Families Bill 2014, came into force, giving all full-time and part-time employees the right to ask for flexible working.
Increase in divorces in 2012 download
The ONS has reported figures suggesting that a general downward trend in the divorce rate in England and Wales may have been reversed by the recession of 2008–2009.
The majority of new mothers feel they have to go back to work earlier than planned due to money worries, according to a study.
Whether you are embarking on or ending a marriage, civil partnership or co-habitation, it is a time when life-changing decisions for you and your family need to be made.
Whatever your requirements, our notary service is conveniently placed to ensure your documents are legally recognised in a timely manner.
Getting to grips with Cheshire West download
In the months since the landmark decision of the Supreme Court in Cheshire West, the courts have continued to put into effect Lady Hale’s ‘acid test’.
Sir James Munby, the president of the Family Division of the High Court, has ruled that the court service should pay for people’s lawyers if the Legal Aid Agency refuses to provide them, in order to ensure justice is done.
Historically we have seen individuals buying property together as cohabiting couples, making different contributions to the purchase price and maybe treating the property as a family home.
On 6 August, Shoosmiths put on a charity fashion show at its Edinburgh office, raising £1,014 for national charity partner Winston’s Wish.
For the second consecutive year, Working Mother magazine has named DLA Piper as one of the 50 best law firms for women.
From 1 October 2014, new rules are expected to come into force to help streamline the presumption of death procedure in England and Wales.
The government has agreed to give children and young people full access to judges, in order to make their feelings and views known.
The government has published guidance on how the new system of shared parental leave will work in practice and it may not be what you were expecting.
Inheritance tax hits record level download
ONS statistics have revealed that households paid more in inheritance tax last year than at any other point since the beginning of the recession in 2008.
No5 Chambers’ Laura Vickers and Heather Popley are managing the Leicester and Leicestershire Family Justice Board website.
This case serves as a useful reminder to trustees on how to exercise their discretionary powers and the importance of proper process.
For the first time in more than 30 years, the Equal Employment Opportunity Commission (EEOC) has overhauled its guidance on pregnancy discrimination issues.
The Court of Appeal has held that an employer has no duty to make reasonable adjustments for a non-disabled employee associated with disabled people.
The states approved the proposed Employment (Amendment No 8) (Jersey) Law 201- on 18 July 2014.
Partner and head of family
The States of Jersey have passed an amendment to the Employment (Jersey) Law 2003, incorporating a number of ‘family-friendly’ rights into the legislation.
Manjit S Gill QC, Ramby de Mello and Danny Bazini of No5 Chambers have appeared in a case concerning family migration and the minimum income threshold.
The Inheritance and Trustees’ Power Bill received royal assent on 14 May to become the Inheritance and Trustees’ Power Act 2014.
Collyer Bristow can assist you in ensuring that your assets are preserved for future generations, taking into account issues such as taxation.
Collyer Bristow’s divorce and family team is recognised as one of London’s leading national and international family law practices.
Following the grant of permission in TN and MA (Afghanistan) v SSHD  EWCA Civ 1609, there is a listing for the appeal in the Supreme Court in April/May 2015.
Under the provisions of the Marriage (Same Sex Couples) Act 2013, the government was required to conduct a review of survivors’ benefits in occupational pension schemes.
Many parents fail to consider who would take care of their children if they were not able to. The topic often sparks disagreement between parents.
Who can inherit if someone dies without leaving a will: new intestacy rules in force October 2014 download
From October, different rules come into force on how assets should be distributed when someone dies without making a will.
The family team at No5 Chambers has welcomed back Juliet Allen.
Most enter into a life-long commitment with little regard for the financial consequences of their relationship breaking down.
Employers should be aware of a number of recent developments in the employment law arena.
Up until now, journalists have been allowed to sit in private divorce hearings but they have, in most cases, been unable to report on most of what they hear.
A private member’s bill, the Divorce (Financial Provisions) Bill, introduced by Lady Deech, has received its second reading in the House of Lords.
Divorce may be good for you download
A study has shown that divorce in middle or later life is no barrier to having a long and happy marriage and can even lead to a greater contentment in the long term.
Companies are being urged to take note of the new flexible working law, which gives all workers with at least 26 weeks of service the right to request flexible working.
Video: how to administer an estate when a loved one has passed away — key probate, wills and inheritance tax issues explained download
In this video, solicitor Susan McCulloch from IBB’s wills, trusts and probate team discusses key probate, wills and inheritance tax issues.
DLA Piper has received the 2014 Beacon of Justice Award from the National Legal Aid & Defender Association (NLADA).
Society would probably like to think that children are given priority over all other members of society. Unfortunately that is not the case.
With a strong, dedicated team, we offer advice to private individuals and families throughout the UK and overseas.
Jersey’s new discrimination law will be the focus of an expert panel discussion taking place that has been organised by Mourant Ozannes and the CIPD Jersey Group.
Emily Brand, a partner in Winckworth Sherwood’s family team, has been named as one the UK’s top three divorce lawyers by divorcesaloon.com
In this video, Vicky Preece, senior solicitor in IBB’s childcare team, answers questions frequently asked by children in care proceedings.
The proposed legislative programme put forward in the Queen’s Speech contained some thought-provoking news for employers.
Recently the Dying Matters Coalition has called for a national review of employment practice on bereavement leave.
Parents penalised by legal aid cuts download
Family magistrates are warning that almost half of all parents fighting to get access to their children through the courts are being forced to do so without legal advice.
This case concerned an application by the representors, in S and his mother WS to set aside the E Trust on the grounds of mistake.
Changes to flexible working requests download
While employers will not be under an obligation to accept all requests, they will be obliged to consider all requests reasonably within a three-month time frame.
Should a trustee appeal a decision of the Royal Court in administrative proceedings? In the matter of the R and RA Trusts download
The Court of Appeal in Guernsey has handed down an important judgment in non-contentious trust proceedings commenced by way of application made by the trustees.
Schillings’ family practice specialises in using litigation, mediation and negotiation to solve a broad range of family issues.
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It has been on the horizon for some time now — a complete overhaul of parental leave as we know it is now less than 11 months away.
Assuming that the older generation can afford it, the ‘children’ will always welcome some financial help, for example for investing in a house.
The Midlands Asian Lawyers Association (MALA), in association with No5 Chambers, is holding a CPD seminar on 20 June 2014 in Leicester.
Weightmans has announced the promotion of seven partners, including its first non-lawyer partner, marketing director Sarah-Jane Howitt.
This case arose out of the divorce proceedings between Mrs Tchenguiz-Imerman and Mr Imerman.
The English courts have again considered the weight that should be given to a nuptial agreement when exercising its discretion under section 25 of the Matrimonial Causes Act 1973.
Conscious uncouplings — the importance of documenting that client representation has concluded download
There are a host of reasons to clearly document that the representation of a client — even on just a specific matter — has concluded.
The Crown Prosecution Service is to introduce new guidelines for handling cases of domestic abuse among the elderly and teenagers.
Beijing-headquartered Longan has become the latest Chinese firm to venture into Hong Kong, after launching an office in the special administrative region.
Employment update: paid parental leave — government confirms commitment to PPL changes from 1 July 2015 download
On 13 May 2014 the federal government confirmed its election promise made in May 2013 to introduce a new paid parental leave (PPL) scheme from 1 July 2015.
The 22 April 2014 saw far-reaching changes to the way that the courts operate both physically and statutorily.
Private Client Bulletin — sharing the summer holidays; don’t take a risk drink-driving; give a lasting power of attorney; and more download
IBB Solicitors has released the spring 2014 issue of its Private Client Bulletin.
The new scheme will apply to parents of children expected to be born or placed for adoption on or after 5 April 2015 and is expected to come into force on 1 October 2014.
Khaitan & Co assists clients in tax-efficient wealth management and estate planning and also efficient business succession planning.
The Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal responsibility for a child, such as childcare obligations.
The Audit Commission has claimed that fraud in the care system has almost doubled in a year as middle-class families attempt to hide their assets from HMRC.
ECJ confirms that commissioning mothers under surrogacy arrangements are not entitled to maternity leave download
The ECJ has held that a woman who becomes a mother by way of a surrogacy arrangement does not have the right to maternity leave under the Pregnant Workers Directive.
Family law revolution download
22 April 2014 marked ‘the largest reform of the family justice system any of us have seen or will see in our professional lifetimes’, according to the president of the Family Division.
Hogan Lovells and My Family Care are hosting a roundtable session on 8 May 2014 to take a look at the implications of the shared parental leave regulations.
No5 Chambers has welcomed Heather Popley, Claire Howell, Laura Vickers and Katie Miller to the Family Law Group.
A brave new world — Family Court download
As Sam Cooke sang, ‘a change is gonna come’. For family lawyers, change is upon us. The single Family Court is live as of 22 April. So what will the changes mean?
Irwin Mitchell has announced the promotion of 10 lawyers to partner, a slight drop on last year’s record promotions round of 14.
Nine members from Withers’ family team have been featured in Spear’s magazine’s 2014 Family Lawyers Index.
When a relationship breaks down, whether a couple are married or not, problems can arise over children, money and property.
Feltham v Bouskell provides a cautionary tale for lawyers regarding the need to act quickly upon the receipt of instructions from elderly or ill clients.
Joanne Edwards has made several radio and television appearances to discuss family justice reforms coming into effect in England and Wales.
The aim is that judges of all levels of seniority will be able to sit in the same building and cases can be allocated to the most appropriate judge.
Anthony Collins Solicitors has announced a workshop on how to make real the forthcoming regulatory requirements on asset registers and living wills.
Paul Weller recently won damages after the Mail Online published images of his children. Andrew Terry, partner and media expert at Eversheds has commented on the decision.
Penningtons Manches has announced that Joanne Edwards has become chair of Resolution, a 6,500-strong national family law association.
No5 Chambers’ Becket Bedford, with Zane Malik as junior, has won a significant advance in the protection of child rights on asylum.
Yale Law Women has selected Hogan Lovells as a top 10 family-friendly firm in its annual policy survey, Top 10 Family Friendly Firms Initiative.
Same-sex couples are now legally allowed to marry for the first time in this jurisdiction.
April showers changes on employers download
The 6 April is a day for change for employers because it is one of the government’s two annual ‘common commencement dates’.
There is a widespread belief in the concept of ‘common law marriage’, which couples think will protect them when they buy property together. This is incorrect.
This briefing note summarises the availability of public funding for individuals during the inquest process.
For many people, their home is their most valuable asset and can give rise to a significant inheritance tax liability on their death (or the death of the surviving spouse).
If a married couple (or civil partners) jointly own an asset, then the income from the asset is automatically assessed on them 50:50 for tax purposes.
IRS issues guidance regarding the Windsor decision’s application to qualified retirement plans download
The US IRS has issued Notice 2014-19 addressing how qualified retirement plans must treat the marriages of same-sex couples in light of United States v Windsor.
Nigel Shepherd, a partner in Mills & Reeve’s family and matrimonial team, has been appointed vice-chair of national family law organisation Resolution.
Approachable and commercially aware, our specialists have in-depth experience of the issues faced by businesses when managing their staff.
The Penningtons Manches private client team provides innovative, clear and tailored solutions.
Our family law department offers the highest quality of service to our clients, stemming from the experience and talent of outstanding family lawyers.
The clinical negligence group at Penningtons Manches is regarded as one of the leading specialist medical negligence teams in the country.
Our specialist team has established a reputation for advising and assisting on a range of issues relating to personal injury trusts, capacity and deputyships.
Mills & Reeve has released the April 2014 edition of its Health Legal Update, which includes information on NHS commercial, employment and patient matters.
In IRS Notice 2014-19 and accompanying FAQs, the IRS issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans.
In a two-part analysis, Withers compared how different jurisdictions dealt with spousal maintenance.
The court has emphasised that sharing stops on divorce — so logic dictates that with the marriage over, sharing has no place in the assessment of maintenance.
The government has removed what has been a significant capital gains tax downside that applied on the death of the vulnerable beneficiary of certain types of disabled person’s trust.
Partner — Jersey
Changes in the law should make it easier for victims of domestic violence to access public funding to obtain legal advice and assistance.
It is hard now to imagine growing up in a world without the internet. The online environment is invaluable for learning, socialising and entertaining everyone, not least children.
The bitter marital split of aviation tycoon Clive Joy has highlighted the issue the role tax efficient offshore trusts can play in lengthy High Court divorces.
The court may make an order that provides for part of an ex-spouse’s maintenance to be paid from a percentage of the breadwinner’s future bonus payments.
Partner — Jersey
Injunctions in matrimonial matters download
Michael Gouriet and Natalie O’Shea review the court’s approach to anti-suit injunctions and also consider what Ahmed & Anor v Mustafa demonstrates about injunctions.
Anthony Collins solicitor Carole Burgher has been appointed as district judge on the advice of the Lord Chancellor, the Right Honourable Chris Grayling MP.
The High Court of Australia has upheld the decision of the NSW Court of Appeal in the case of Norrie v NSW Registrar of Births, Deaths and Marriages.
This briefing provides an explanation of how the new flexible working regime will work, along with some advice for employers on how to minimise the risks of litigation.
Anthony Collins Solicitors has announced that its Personal Planning Management Team adheres to the STEP Code for Will Preparation in England and Wales.
Nassera Butt of No5 Chambers’ Family Law Group has been shortlisted for Barrister of the Year at the Leicestershire Law Society Legal Awards 2014.
Our family law solicitors are experienced, compassionate and caring experts who have one aim — to protect the rights of the child.
We’re here to help you resolve divorce and separation issues as swiftly and sensitively as possible with caring, compassionate advice and representation.
At IBB Solicitors, our wills, trusts and probate solicitors are here to help you plan for your family’s future.
The government is considering making emotional cruelty to children a criminal offence. Under the plans, parents who deny their children affection face prosecution.
Up Close and Personnel — March 2014: dismissal for absence due to post-natal depression was not discriminatory download
In Lyons v DWP Jobcentre Plus, the EAT upheld the decision of the Employment Tribunal.
The next year will see a series of significant changes to employment law. This article outlines the major changes and the dates when they will come into effect.
Whether you’re a private individual or a commercial enterprise, our trust and fiduciary lawyers work with you and your advisers to establish the appropriate structure.
Employers will need to take steps to prepare for the extension of the right to request flexible working arrangements on 30 June.
Interpretation of ‘issue’ in wills download
The bailiff was recently asked to consider an application from Mrs Le Cras for a ruling from the court as to the interpretation of her late father’s two wills.
Same-sex couples can now marry, but there is still a huge injustice in the family law system. Richard Phillips of IBB explains.
Mrs Justice Eleanor King has warned of the dangers of informal surrogacy arrangements outside regulated fertility clinics, when an intended mother was left with no parental rights.
Guernsey: all potentially interested parties to be considered by the court when blessing a decision of trustees download
The Guernsey Court of Appeal has upheld a decision blessing a trustee’s decision to pay for the costs of refinancing a trust asset from the assets of a family trust.
At the end of February 2014, the Law Commission released its long-awaited report titled ‘Matrimonial Property, Needs and Agreements’.
Surrogacy: European Court decides that only the mother giving birth can take maternity leave download
The two women who brought claims in the European Court both used surrogate mothers in order to have a child.
Budget Summary: spring edition 2014 download
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
The OSCR has concluded that St Margaret’s was engaging in discrimination given its refusal to place children with same-sex couples.
The Supreme Court judgment in P & Q and P v Cheshire West has finally been handed down. Barrister Laura Davidson from No5 Chambers comments on the decision.
The Charity Commission has investigated the Family and Childcare Trust after concerns were raised that its activities on Twitter amounted to party political activity.
This article focuses on the changes brought about by the decisions in Re A (Children: Habitual Residence)  UKSC 60 and LC (children)  UKSC 1.
Budget announcement — 19 March 2014: income tax and NICs, capital gains tax, employee incentives and pensions download
Employees are likely to welcome the changes to the way in which they can access their pension savings in a defined-contribution scheme.
The Children and Families Act 2014 has received Royal Assent and will introduce several employment law changes for working parents.
Research has revealed that women are failing to get to boardroom positions due to lack of recognition, rather than because of taking time off to have children.
Eversheds partner Naeema Choudry has commented on the EU’s stance that EU law does not require that a mother who has had a baby through a surrogacy arrangement should be entitled to maternity leave or its equivalent.
Women who have children by surrogate mothers not entitled to maternity leave under European law download
The ECJ has confirmed that a woman who has a child by a surrogate mother is not entitled to the benefit of EU pregnancy and maternity rights.
Collyer Bristow has recruited experienced international private client tax specialist William Hancock from Speechly Bircham.
No5 Chambers is sponsoring this year’s Child Brain Injury Trust Conference and Exhibition, which is due to take place on 26 March in Manchester.
The government has published three sets of draft regulations concerning the new shared parental leave scheme and how it will operate.
Withers provides a reminder of the nasty but often overlooked traps that it regularly comes across on UK domicile.
One aim of the Online Safety Bill is to educate parents about online safety. Educating parents to keep their children safe is the most effective safeguarding measure.
Figures show that an increasing number of young children are savvier about the internet than their parents and can circumvent filters put in place by their parents.
The Marriage (Same Sex Couples) Act 2013 comes into force on 13 March 2014, with the first same-sex weddings taking place on 29 March 2014.
Paul Reeves, an employment partner at Stephenson Harwood, has commented on the highly anticipated extension of the right to request flexible working.
Following Mr Grantham’s passing, his family discovered that he had written a will leaving his entire estate to Battersea Dogs Home.
Emily Brand, a partner in Winckworth Sherwood’s family team, has been quoted in an article in The Guardian that discusses pre-nuptial agreements.
BIS has announced that the extension of the right to request flexible working to all employees with 26 weeks’ service will be ‘available’ from 30 June this year.
Barrister Nassera Butt from No5 Chambers represented a local surrogate in a partial surrogacy case in July 2013 before Mrs Justice King.
A new system of shared parental leave will supplement the current maternity, adoption and paternity leave schemes with effect from April 2015.
39 Essex Street’s Jenni Richards QC successfully persuaded the High Court that a widow has the right to save her dead husband’s frozen sperm so that she could have his children in the future.
Mourant Ozannes has a new Guernsey advocate. Matthew Guthrie, a senior associate within the international trusts and private client practice, has been sworn in at the Royal Court of Guernsey.
Mourant Ozannes has a new Jersey advocate and Jersey solicitor. James Daniel and Carol Doherty appeared before the Royal Court of Jersey on 3 March 2014.
Acas publishes final draft of statutory code of practice for handling flexible working requests download
Acas has published the final draft of the statutory code of practice that will govern the new extended right to request flexible working.
Khristy Spyrou and Myria Agathocleous have been unanimously voted to be partners of Pamboridis.
London-based law firm Collyer Bristow has announced that it has recruited experienced family law practitioner Sue Breen from Hodge, Jones & Allen.
Family disputes over the provisions of a will are a relatively common occurrence in Bermuda courts.
Headlines from the Law Commission report on matrimonial property, needs and agreements — part one download
The Law Commission has published its much awaited report on matrimonial property, needs and agreements.
Headlines from the Law Commission report on matrimonial property, needs and agreements — part two download
Withers sets out some of the main issues raised by the proposed reforms.
The Law Commission for England and Wales has published its report on matrimonial property, needs and agreements.
Divorce lawyer Raymond Tooth and his former protégée, the self-proclaimed “diva of divorce” Ayesha Vardag, have reached a settlement in a bitter battle over allegations she attempted to poach his clients.
If you do not make a will, then you lose control over what happens to your estate following your death.
Employment Appeal Tribunal decision confirms no extension of civil partners’ survivor benefits download
The EAT has confirmed that the restriction of a surviving civil partner’s pension to the member’s post-4 December 2005 pensionable service is compatible with EU law.
The claimant in The Solicitors Regulation Authority v Mitchell had agreed with her employers that she could work from home two days each week to facilitate childcare arrangements.
Direct disclosure obligations resulting from joinder of adult beneficiaries to matrimonial proceedings affecting trusts download
The trustees had applied to the Royal Court of Jersey and the Eastern Caribbean Supreme Court for the approval of their decisions not to participate in the English financial remedy proceedings.
As a result of budgetary constraints, the Family Courts are under more pressure than ever before.
Family law… but not as we know it download
Huge procedural changes will be made with the creation of a single Family Court and reform of court procedures.
This is a follow-up to the article on the joinder of beneficiaries to English divorce proceedings in Withers’ Family Law News of September 2013.
Disputes about which country should deal with a divorce and financial claims are high-stake, with international couples navigating through complex international, EU and domestic laws.
Eighteen months after inception, family arbitration is now firmly up and running in England and Wales.
From 13 March 2014, under English and Welsh law, married persons of the same sex will need to be provided with the same pension rights as those in civil partnerships.
Anthony Collins Solicitors’ children law team was recently involved in the case of a young child whose mother had died, leaving her care in question.
Taylor Wessing has acted on behalf of Lord and Lady Tanlaw and their family trusts in relation to the sale of Fandstan Electric Group to New York-listed Wabtec.
Mills & Reeve has published the February edition of its Health Legal Update, which includes information on the NHS, regulatory news, patient matters and legal processes.
Valentine’s Day should be a romance fest but can sometimes signal the end. Which is where the right legal solution can help.
Dacheng senior partner Wang Fang has been named as one of the top 10 family law attorneys in Beijing by the Beijing Lawyers Association.
The regions might stand shoulder-to-shoulder with London on criminal justice issues but there is everything to fight for when it comes to commercial work
Make way for family arbitration download
Arbitration can achieve an outcome for separating couples for a fraction of the cost and a fraction of the time that it would take to pursue court proceedings.
Withers and Focus, an expat membership organisation for international people living in the UK, have put together a survey to help understand awareness levels around succession planning.
All employees who have worked for their employer for 26 weeks or more will have the right to request flexible working, rather than just parents or carers.
Mills & Reeve looks at the implications of the Supreme’s Court’s recent decision in Marley v Rawlings (2014).
The Abbott government is proposing to use its constitutional powers to remove existing arrangements contained in awards, agreements and company policies.
Acas publishes final draft of statutory code of practice for handling flexible working requests and new non-statutory guidance download
Acas has published the final draft of the statutory code of practice that will govern the right to request flexible working. It is accompanied by a more detailed non-statutory guide.
A new case in the court of session reminds lenders that a high degree of care is required where a wife is granting a security on account of her husband’s debts.
Pre nups are big news, but will the Law Commission’s recommendations clarify the law?
Fladgate has continued its recent run of lateral hires with a pair of partners from Dentons and Ashfords.
The first same-sex marriages can take place in England and Wales on 29 March 2014. The legislation gives surviving same-sex spouses similar occupational pension rights to civil partners.
The government has announced how the new system of shared parental leave will work when it comes into force in April 2015.
Qualified mediators and senior associates Elisabeth Howe and Maria Ramon are now able to assess a couple’s suitability for mediation.
Assets bequeathed or the manner in which they are bequeathed can lead to unnecessary costs and complications for the beneficiaries.
Anthony Collins Solicitors has completed a three-day inquest into the death of four-year-old Freya Wells.
In the UK, the government has now confirmed the framework for shared parental leave, which comes into force in April 2015.
It’s important to think about how your assets will be managed after death — and that’s where having an estate planning strategy can prove beneficial.
For bankers the ruling in the recent divorce case of P v P is a real bonus.
Withers has announced that Suzanne Todd, a partner in family law team, has been named in The Lawyer’s ‘Hot 100’ report this year.
Former archbishop of Canterbury Dr Rowan Williams spoke about the culture of the ‘marketisation of marriage’ at a debate hosted by Winckworth Sherwood.
Family law cases are increasingly complex and the trio of family specialists named in the Hot 100 are examples of those leading the way.
No5 Chambers barrister Robin Rowland will speak at Jordan’s Family Law Update 2014, which will be held in Birmingham on 5 February and in Cardiff on 26 February.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Men should take up their new rights so that flexible working becomes the accepted norm for both sexes
AA (Somalia) — Supreme Court says home secretary should amend the refugee family reunion rule for children download
The Supreme Court has strongly indicated to the home secretary that she should amend the immigration rules concerning family reunion of children with refugees in the UK.
On 8 March 2013, the amount of unpaid parental leave that can be taken per parent, per child, increased from 13 to 18 weeks.
Herts and Bedfordshire firm HilliersHRW has gone into administration after the firm was unable to pay for professional indemnity insurance (PII) cover.
The recent decision of senior judge Lush in the case of Re GM provides a window into the workings of a dysfunctional lay deputyship.
Hogan Lovells has detailed the developments expected in employment law in 2014.
Is the Family Court getting an undeserved bad press?
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
The decision of the Supreme Court in London in the divorce proceedings of Prest v Petrodel Resources Ltd and Others was awaited with eager anticipation.
We are now at the end of dispute resolution week (DR) promoting #keepingitoutofcourt.
Tax planning for Christmas? download
End-of-year gifting can move assets out of one estate into one taxed at lower rates and/or channel assets to the next generation.
Document disclosure is vital in some divorce cases, as the long and bitter Young row demonstrates
Yasmin Prest won her landmark divorce ruling when the Supreme Court ordered Mr Prest’s companies to transfer to her a number of properties as part of her lump-sum award.
A lack of testamentary capacity is arguably the most commonly pleaded claim by disgruntled family members that are not happy with the contents of a deceased’s will.
Complex web of interests after ailing football pundit’s enduring power of attorney decision
Joinder of adult beneficiaries to matrimonial proceedings affecting trusts — Tchenguiz-Immerman v Immerman download
In this case, the English Family Division provided some helpful guidance on its approach to adult beneficiaries of offshore trusts being joined as parties to matrimonial proceedings.
Earlier this year, the Court of Appeal heard the case of Day & Another v Day, which involved an application seeking the rectification of a conveyance of property that took place in 1985.
Ogier has four people included in Citywealth’s Jersey Future Leaders list: three from Ogier Private Wealth and one from Ogier Legal.
Series of unfortunate events shows legal profession taking a major role in latest outing of TV show
Mills & Reeve have taken on two new solicitors in the last month: Amy Starnes for the Cambridge office and newly qualified solicitor Jane Boothfor the firm’s Leeds office.
Three new trainee solicitors have been taken on at law firm Sintons as part of its commitment to supporting aspiring legal talent in the region.
Memery Crystal has improved on its rankings in the latest UK Legal 500, which was released on 26 September 2013.
The Court of Appeal considered the way in which the matrimonial property regime in Russia would be recognised in respect of English property held in a Cayman law trust.
Sintons has been recognised by The Legal 500 for its excellence and in-depth expertise across a range of legal disciplines.
Under English law, all individuals have what is called a ‘domicile’, and not more than one domicile, at any one time.
Our specialist members provide skilled advice and representation in all courts from family proceedings to the House of Lords.
Comprising of one of the largest immigration groups in the country, the barristers at No5 are at the cutting edge of the development of the law in the field. No5 Chambers has a truly national presence, with offices in London, Birmingham and Bristol.
Manches is close to sealing a merger with private client firm Penningtons in a move that would create a £60m firm of roughly 250 lawyers.
Chester-headquartered Aaron & Partners has added its tenth equity partner through the appointment of family lawyer Richard Barge.
In this round-up of recent cases, Mills & Reeve looks at a solicitor’s duty at a mediation, drafting a will for an elderly client, and a limitation claim.
Andrew Goodman, a partner in Taylor Wessing’s Private Client team, has been confirmed as part of the line-up for WealthBriefing’s upcoming Breakfast Briefing.
On 26 June 2013, the Supreme Court of the United States issued two rulings that significantly advanced same-sex marriage rights in America.
The emergence of social-media websites as indispensable communication tools has raised the question of what happens to our electronic information when we die.
The Inheritance and Trustees’ Powers Bill, which makes significant amendments to the intestacy rules, recently had its first reading in the House of Lords.
Roger Bamber, a mediator lawyer from Mills & Reeve, has been shortlisted for Most Innovative Family Lawyer at this year’s Family Law Awards.
Hogan Lovells has been named on the Working Mother Media and Flex-Time Lawyers ‘50 Best Law Firms for Women’ list for the second year in a row.
Working Mother has named DLA Piper as one of the 50 best law firms for women, recognising the many programmes it offers to attract, retain and promote talented female lawyers.
On 22 July 2013, the Luxembourg Minister of Finances introduced a new law bill, no. 6595, concerning the creation of patrimonial foundations in Luxembourg.
Joinder of trustees and treatment of trust assets in English matrimonial proceedings: DR v GR and others download
The judgment of Mostyn J concerned divorce proceedings in the Family Division of the English High Court and an application for the variation of a settlement under s24(1)(c) of the Matrimonial Causes Act 1973.
It is well known that undue influence is notoriously difficult to establish in the context of a will.
Women who are pregnant or on maternity leave have numerous legal rights, but many of these are commonly misunderstood by employers.
The Fair Work Commission has found that an employer’s unreasonable refusal of an employee’s request to work part time after a period of parental leave constituted constructive dismissal.
Shoosmiths considers the current statutory paternity leave entitlements of expectant fathers and how these are expected to change in the future. While some employers offer more generous contractual benefits, the only legal requirement is…
More clarity but no more finality on ‘piercing the corporate veil’ — Prest v Petrodel Corp  UKSC 34.
Excluding lawyers from the divorce process is a false economy that will only pile on the agony
You can rely on our personal and family expertise to give you the best possible legal advice and support.
A recent judgment in the Scottish Court of Session has underlined the need for divorced or separated couples to ensure that their interests are adequately protected.
Hogan Lovells has filed multiple amicus briefs in the landmark marriage-equality cases US v Windsor and Hollingsworth v Perry.
A new law entitles the employee to have a meeting with the employer at the end of parental leave and an extension of the non-remunerated parental leave.
The Supreme Court’s ‘third way’ in Petrodel v Prest could throw up more problems and more opportunities for litigation than it solves.
Court confirms there is a principle of English law that enables a court in very limited circumstances to pierce the corporate veil download
The English Supreme Court has confirmed that there is a principle of English law that enables a court in very limited circumstances to pierce the corporate veil.
SC’s judgment treads the fine line between burden of proof and the corporate veil in divorce disputes
Mills & Reeve discusses the Petrodel Resources v Prest judgment.
Family lawyers have welcomed the Supreme Court ruling in today’s landmark divorce case, Prest v Petrodel, as a victory for common sense.
The Supreme Court has ordered divorced husband Michael Prest to transfer to his former wife, Yasmin Prest, properties held by companies owned and controlled by him, as part of a £17.5m divorce award.
The Supreme Court will next week decide whether oil tycoon Michael Prest can escape handing over assets totalling £17.5m to his ex-wide because the assets are owned by his company, Petrodel.
Mills & Reeve has announced that its merger with Manchester firm George Davies has completed.
The private client industry in Jersey is likely to become increasingly involved with putting in place succession planning and asset protection structures that relate to family businesses.
Confusion often surrounds the difference between obtaining a divorce and a settlement resolving the family finances following the breakdown of a marriage.
Addleshaw Goddard is increasing its capability across the Arabian Gulf and targeting further growth with the addition of a new office in Qatar.
Mills & Reeve advises Virgin Care.
Figures released by the Office of the Head of International Family Justice for England and Wales reveal a 40 per cent increase in the number of international family disputes handled in the last year.
The Summer Term edition of Winckworth Sherwood’s Heads Up! publication is available now.
France is to allow gay marriage, but unlike England, its courts are not prepared if the union ends in divorce
Berwin Leighton Paisner (BLP) has successfully fought off a attempt by a Russian businessman and former politician to use English law in a dispute over the ownership of a London property with his ex-wife.
Taylor Wessing has announced the addition of a lateral hire to its private client practice. Sanjvee Shah is set to join the firm on 7 May 2013.
ACH Shoosmiths has opened its new offices in the heart of Edinburgh’s business and financial district.
Evidence of the cost and acrimony caused by divorce can be found on an almost daily basis in the UK media, laying bare the separation details of ‘celebrities’.
Law à la Mode: Issue 9 — Spring 2013 download
Issue 9 of DLA Piper’s Law à la Mode publication is available now.
Walker Morris has released the April 2013 edition of its Education Update.
On 15 April 2013, Working Together to Safeguard Children (2013) came into force. This document should be complied with unless exceptional circumstances arise.
Mills & Reeve has announced six new internal partner appointments, which will take effect from 1 June 2013.
Same-sex marriages and civil unions/partnerships will not be recognised in Bermuda.
Keeping it in the family download
A number of high-profile English cases have recently shone the spotlight upon the treatment of inherited property in divorce proceedings.
Olswang has acted for Alpha Private Equity Fund 6 on the acquisition of Redcats’ children and family division from Kering/PPR for €119m.
The US Department of Labor has updated the Family and Medical Leave Act regulations.
Chadbourne & Parke has represented OutServe-SLDN in a Supreme Court effort to overturn DOMA.
Complaints relating to divorce and family law are almost double that of other areas, with around 13 per cent of clients dissatisfied with the way their lawyers handled cases.
The ex-wife of Del Monte’s chief executive and chairman has agreed to a divorce settlement of £15m.
Children and Families Bill 2012/13 download
The UK government has been considering changes to family-friendly rights. In early February 2013, the proposals came one step closer to becoming reality with the introduction of the Children and Families Bill 2012/13.
Withers is to launch a consultancy group following client demand for a service that will help family-run businesses resolve arguments.
Our long-established and highly experienced family team complements our private client department by providing you with discrete expert advice when either you or a member of your family is experiencing a life-changing event.
Collaborative family law is a dignified and cooperative approach to negotiating, in which the commitment of the parties and their lawyers is to achieve a settlement that is as suitable as possible for all parties concerned.
Sorting out the finances on divorce can be the most difficult part of a marriage breakdown to resolve.
Divorce: a brief guide download
Obtaining a divorce is not a complex matter. However, it does involve a rigid statutory procedure that must be followed.
Did you know that most of the successful businesses in the Gulf are in fact family owned?
It was a legal first when Rupinder Bains and her firm won a landmark order against Facebook last year.
The news in September 2012 that family partner Helen Ward (scroll down for video interview) was quitting Manches with a team of lawyers and staff was one of the biggest stories to hit the world of divorce law for some time.
Collyer Bristow is the latest firm to embrace fixed fees with the launch of a fixed-fee divorce package.
The former wife of oil tycoon Michael Prest is to take her case to the Supreme Court in March next year after the Court of Appeal (CoA) ruled against her claim that Prest should be forced to hand over assets totalling £17.5m.
Mr Justice Coleridge has been cleared of judicial misconduct over his involvement with pro-marriage charity the Marriage Foundation, but said he would take a “lower profile” position.
Co-operative Legal Services (CLS) has launched its family law operation offering fixed fees for services such as divorce, child protection, mediation and financial issues.
Withers has announced a bumper round of partner promotions, with five added to its partnership.
The Court of Appeal (CoA) has overturned a first instance decision to award an actor £1.7m following the break-up of his civil partnership to a City analyst.
Payne Hicks Beach is being sued by a client who claims a mistake by Britain’s highest-profile divorce lawyer Fiona Shackleton cost him £250,000.
A group of legal associations have launched a landmark scheme to enable the resolution of family disputes through arbitration, it was announced today.
Harbottle & Lewis is offering preconception contracts to non-traditional families looking to have children in the wake of a landmark High Court case that introduced the concept of principal and secondary parenting.
Celebrity divorce go-to firm Mishcon de Reya has teamed up with Debrett’s - etiquette and manners advisors since 1769 - to publish a £12.99 guide on how to maintain a level of decorum and good manners in the usually messy business of divorce.
Supreme Court Justice Lord Wilson has reaffirmed his commitment to collaborative family law and other non-court methods while slamming the Government’s plans to cut legal aid, which he called a “false economy”.
Mishcon de Reya is to launch a family practice in its New York office after hiring family partner Michael Stutman from US firm Mayerson Stutman Abramowitz.
The Supreme Court has today restored a county court judgment that supports a court’s right to decide the ’fairest’ way of dividing property when cohabiting couples split up.
The Co-operative’s hire of three senior family lawyers as directors to kick-start its conversion to an alternative business structure (ABS) (TheLawyer. com, 2 November) could be the first of many such launches in the consumer sector.
Mills & Reeve is to provide fixed-price family services as it prepares to compete with non-legal players entering the profession.
Lawyers and family law campaign groups have widely welcomed the family justice review aimed at tackling the “shocking delays” in the family justice system.
The Co-operative is set to enter the family law market with the hire of a partner duo from London firm TV Edwards, including the firm’s managing partner Jenny Beck.
Harbottle & Lewis family head Tom Amlot has left the firm to join niche family boutique Alexiou Fisher Philipps (AFP) as its sixth partner.
West End firm Howard Kennedy is attempting to kick-start the growth of a family practice with the hire of partner Juliette Peters.
The shadow attorney general Baroness Scotland has joined family chambers 4 Paper Buildings as a member.
Family lawyers could be forgiven for saying they have no time for their day jobs at the moment.
What legitimate social policy could justify retiring a partner or employee?
Divorcing couples will be forced to attend a compulsory mediation awareness session before they are allowed to use the courts, the Ministry of Justice has formally announced today.
The Court of Appeal (CoA) has ordered an oil technology millionaire to raise his divorce settlement payout from £5.4m to £8m.
It is a depressing statistical fact that 43 per cent of first marriages now end in divorce, the highest level it has ever been. Yet divorce law has largely been developed through the courts, with successive governments having resisted meddling in this controversial area.
The Co-operative Bank has unveiled plans to launch funding deals for individual firms to provide clients with loans to fund divorce cases.
The Supreme Court has ruled that “decisive weight” should be given to pre-nuptial agreements signed by spouses before getting married.
Withers has expanded its Hong Kong offering with the addition of an international family team led by partner Sharon Ser.
The Court of Appeal has ruled that separating couples will no longer be allowed to secretly obtain and use documents belonging to their partner in divorce proceedings.
Dickinson Dees’ family law team will leave the firm later this year to set up a new firm called Silk Family Law.
Specialist family set QEB has been instructed to act on both sides of the celbrity divorce of pop star Cheryl Cole and her footballer husband Ashley.
Howes Percival has brought in former Harvey Ingram partner Jane Cowley to head its new family law team, as the firm forges ahead with plans to expand its private client offering.
A solicitor is suing his own firm for negligence and damages in the region of £300,000 in connection with advice he received concerning his divorce.
Russell Jones & Walker (RJW) is putting its newly acquired family and private client team at the heart of its growth strategy two years after outsourcing the practice.
Gorvins senior partner George Marriott is set to join Russell Jones & Walker (RJW) in a move that will give the latter firm a base in Milton Keynes for the first time.
Russell-Cooke is facing a court action from an elderly widow, who is claiming breach of duty against the firm and the executors of her late husband’s will.
The family team at Birmingham-based Martineau has established a Saturday-morning practice so that rich potential divorcés can get a more discreet service.
Legislation governing family life should be overhauled to better reflect 21st century living, leading family lawyers have said.
A Watson Burton partner duo has quit to launch a family and professional indemnity (PI) boutique.
Allowing hacks into the melting pot of the family courts could have as yet unforeseen consequences, says Raymond Tooth and Jeffrey Nedas
The UK courts could be forced to recognise the binding powers of pre-nuptial agreements following a judgment handed down by the Court of Appeal today.
Mishcon de Reya is to revamp its private client practice to bring its flagship family practice into the fold.
In December last year Lord Chancellor Jack Straw QC declared that the Government would propose to change the law to allow access to the Family Court so that justice could be seen to be done.
The Co-operative Group has unveiled plans to create 3,000 jobs in the legal sector as it aims to revolutionise how legal services are delivered on the high street.
Family lawyers deal with a variety of individuals who need help to guide them through difficult and often complex personal situations.