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What happens to the pensions when a couple divorces?

What happens to the pensions when a couple divorces?
The breakdown of a marriage is a stressful and painful time. Often the most complicated aspect of the arrangements that need to be made is the financial one.  Most couples have both liquid capital (i.e. property and savings) and illiquid capital (i.e. pensions) which need to be shared fairly between them. What about the pensions?Some people ar...
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What does Rattan v Kuwad tell us about Maintenance Pending Suits?

What does Rattan v Kuwad tell us about Maintenance Pending Suits?
In the recent case of Rattan v Kuwad [2021] EWCA Civ 1 the Court of Appeal considered the approach of the court in determining Maintenance Pending Suit applications.In this article, we look at what a Maintenance Pending Suit is and what the case law has now said about interim periodical payments. What is Maintenance Pending Suit and the Procedure? ...
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73 Hits

Litigation Funding – is it an empowerment for the weaker party?

Litigation Funding – is it an empowerment for the weaker party?
Since I began practising Family law over 23 years ago, the funding of family matters has changed substantially. Most people have to fund the case themselves and the number of litigants in person, those acting without representation, has increased substantially. This is simply due to affordability and how people now choose to prioritise finances. Le...
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218 Hits

Separated parents’ concerns about contact with children during lockdown

Separated parents’ concerns about contact with children during lockdown
Many separated parents are being faced with the challenges of Covid-19 and what it means for them when it comes to contact with their children. The recent government stay at home guidance states that individuals may not leave or be outside their home except when they have a "reasonable excuse". A "reasonable excuse" does include continuing existing...
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208 Hits

Has COVID changed Family Law?

Family_in_Lockdown
We are well into a third lockdown and, although we have no timescale for when the restrictions will come to an end, there is the hope of a light at the end of the tunnel with the vaccination programme continuing at a pace. Life in lockdown is difficult for everyone. For those who are back to working from home and home schooling their children, this...
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292 Hits

Pinney Talfourd’s Family team welcome Rukhma Sohail to the team

Pinney Talfourd’s Family team welcome Rukhma Sohail to the team
We are delighted to welcome Rukhma Sohail to our Family team. Rukhma qualified as a solicitor in 2019 and is interested in developing her practice in all areas of family law covered by the firm. Our Family team is ranked by Legal 500 2020 as a Tier 1 family team in Essex. Legal 500 is an independent and definitive guide to the best law firms in the...
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242 Hits

Angela Sharma joins the Pinney Talfourd Family Law team

Angela Sharma joins the Pinney Talfourd Family Law team
Pinney Talfourd are delighted to welcome Angela Sharma to our Family Law team. Angela qualified as a solicitor in 1997 and has over 20 years' experience as a family law expert.Angela specialises in cases involving divorce, financial remedy, child arrangement orders, cohabitation agreements, prenuptial and post-nuptial agreements, civil partnerships...
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535 Hits

Mum’s the word but not Dad

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A recent refusal by the Supreme Court to hear a final appeal by Freddy McConnell has shown that clarity is needed on Transgender rights in the UK. Freddy, 32, was born a woman but has lived as a man for several years. He retained his female reproductive system, and in 2018, with the help of fertility treatment, gave birth to a child.Mum or Dad?When...
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95 Hits

When lockdown equals break up

When lockdown equals break up
The current Covid-19 pandemic has changed all our lives in ways we could not have imagined 12 months ago.Working from home has become the norm for those still working. Doing online shopping, getting used to Zoom meetings, and doing home fitness classes are all common place whereas hugging a friend is a much-missed event.Sadly, Covid-19 has also had...
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105 Hits

How Brexit could impact Family Law in the UK

How Brexit could impact Family Law in the UK
The end of the transition period is fast approaching and with no Brexit deal in place yet, it means that EU law will no longer apply to the UK. Also known as IP Completion day, the 31st December is the end of the implementation period for the Withdrawal Agreement but how will Brexit impact Family Law? Issues Surrounding Divorce and Jurisdiction Jur...
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93 Hits

What about me? Hearing the voice of a child when parents separate

What about me? Hearing the voice of a child when parents separate
It is widely accepted that children are at risk of harm when parents separate. Unresolved conflicts between parents impacts on children of all ages affecting both their long-term mental health and future life choices.Often, sadly a child can lose the close relationship they had with both parents after separation. Wider costsThe current system ...
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143 Hits

Christmas contact during a pandemic

Christmas contact during a pandemic
As Christmas approaches separated or divorced parents often find the subject of contact with their children over Christmas challenging to resolve. In a pandemic, the question of balancing the welfare of the children and the restrictions imposed by government becomes even more difficult and confusing. Current government guidance on spending time wit...
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134 Hits

Resolution’s Good Divorce Week 2020

Resolution’s Good Divorce Week 2020
Resolution's annual initiative 'Good Divorce Week' runs from Friday 30 November to Wednesday 4 December and, this year, their Code of Practice is at the heart of the campaign. Who is Resolution? Resolution is an organisation of lawyers and other family justice professionals who are committed to following a non-confrontational and constructive ...
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475 Hits

Divorce during a pandemic

Divorce during a pandemic
Deciding to get a divorce will most likely be one of the biggest decisions in a person's lifetime. If you have already made the difficult decision to divorce, our advice is not to hold off because of the pandemic. Firstly, unfortunately, no-one knows when we will see an end to Covid-19. Secondly, there are some considerable court backlogs in court ...
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764 Hits

Major overhaul of the Family Courts to support survivors of domestic violence

Domestic_Violence
Many describe domestic abuse as a public health epidemic. According to the Office for National Statistics, two women every week are killed by a current or former partner in England and Wales. This figure is said to have doubled during the lockdown period.These figures are staggering, and it is clearly important that those working with families in w...
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The Family Court – The Road Ahead

FamilyLawWords
The President of the Family Division, Sir Andrew McFarlane, sets out in The Family Court and COVID 19: The Road Ahead a structure for the ongoing operation of the Family Court for at least the next 6 months. It sets out very clearly that the Judiciary and HMCTS do not envisage a return to the 'normal' court working environment before the end of the...
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996 Hits

One step closer to no fault divorce

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Under The Divorce, Dissolution and Separation Bill, a spouse will no longer have to prove fault in order to obtain a divorce from the other spouse. They can simply claim that their marriage has irrevocably broken down.The bill will also mean that spouses will not be able to contest the divorce unless coercion or fraud can be proven. The bill will i...
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764 Hits

Children and COVID-19 - A Q&A

Children and COVID-19 - A Q&A
The current health pandemic has caused difficulties for all families, not least separated families. Children have been away from school and their usual routines for several months now and in some cases this has also meant being away from the parent they do not usually live with.While some families have decided, in line with government advice, to co...
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Guidance for court hearings during the coronavirus crisis

Guidance for court hearings during the coronavirus crisis
Since 23rd March 2020 we have been told to stay at home and the country has gone into lockdown. But what do you do if you have a forthcoming hearing or made an application and are awaiting a listing? ​Given the nature and risk presented by the COVID-19 outbreak, the courts have given guidance on the use of remote hearings in order to keep everyone ...
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Challenging financial orders in light of the coronavirus crisis

Challenging financial orders in light of the coronavirus crisis
In such uncertain times, many practitioners wonder whether this pandemic has the ability to undermine financial orders in divorce proceedings. Orders are generally made to be final but what if an event were to occur shortly afterwards, which undermined the whole basis upon which the order was made? That is what happened in the case of Barder v Bard...
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