February 2017 / 40 posts found

Pensions on divorce: another witches’ brew

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Another Witches’ Brew provides an up-to-date domestic review of the treatment of pensions on divorce in light of the recent ‘pension freedom’ changes, state pension changes and up-to-date case-law. Many of the usual textbooks have yet to catch up with the significant changes which have occurred in the pension context in the last few years. Another Witches’ Brew provides a short summary of what the family lawyer needs to know about pension liberalisation and state pension changes. It goes on to look at the way in which reported case-law appears to be treating pensions on divorce and asks whether the […]

France refuses to recognise Dubai divorce ruling that was ‘manifestly discriminatory’

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Home > News Afsana Lachaux plans to pursue divorce and custody claims in UK Afsana Lachaux, who in 2014 lost custody of her son to her French ex-husband following a Sharia hearing in Dubai, has succeeded in an appeal before the Paris Court of Appeal against the judgment of the Tribunal de Grande Instance de Paris which recognised the Dubai order. The dispute related to the recognition in France of a Dubai ruling that ordered divorce and granted exclusive custody of the couple’s child to the father on the basis of grounds applicable under Emirati law. The Dubai ruling was […]

Considering A Divorce? The First Four Things You Should Do

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Considering a Divorce? The First Four Things You Should Do by Ellene Lammers Divorce is one of the most challenging and difficult times in an individual’s life. It is a process that takes time and patience, as it is a loss that must be coped with and adapted to. These are the four first steps to take if you are considering a divorce— 1. The first step is to ensure that both you and your spouse are in agreement that a divorce is the best alternative in your circumstances. This may seem to be too obvious, however it is not […]

Law Society may intervene in landmark fraud case

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The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner. The case has sparked widespread confusion over the scope of a solicitor’s liabilities and what reasonable checks they can make during the buying process. The High Court has since granted leave to appeal and the case is likely to be heard at […]

Is Your Divorce Lawyer Overcharging You?

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Is your divorce lawyer overcharging you? How would you know? This is a great guest post by divorce attorney, Joshua Stern, who offers advice on ensuring you’re getting the most from your divorce attorney at reasonable, fair rates. How Do I Know If My Divorce Lawyer Is Overcharging Me? by Joshua Stern  When embarking on the divorce process, chances are you will not be overly trusting of the person you are divorcing, if at all. Feeling this way is understandable, especially if your divorce is acrimonious, and one of the many reasons why you hire a divorce attorney in the first […]

Staying Healthy During Your Divorce

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This is a great guest post by divorce attorney, Megan McCarthy Hayes about the importance of staying healthy during your divorce. McCarthy Hayes offer tips to not only staying healthy, but also mindful during the divorce process. Tips For Staying Healthy And Mindful During The Divorce Process by Megan McCarthy Hayes Like death, loss of employment or relocation, a divorce is a major upheaval in a person’s life. It is finality that a person may or may not be ready for but is forced to deal with regardless. Stress on the body and mind during the divorce process is inevitable. Therefore, […]

Did I Do The Right Thing? Newly Separated Woman Offers Advice

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 “Did I do the right thing?” is probably a question that many newly separated men and women ask themselves. Even though in your heart you knew separating was the best thing, time starts to bring loneliness, emptiness and fear into the mix and it’s easy to second guess yourself and wonder if your decision was the right one.   “Maybe it could work if we both…Maybe we could try counseling again and make it work this time….Maybe if I changed…Maybe if he changed…Maybe he’d be different if I went back…I don’t want to be alone!…I can’t handle life on my […]

Something That Might Help In Moving On After Divorce

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“I just want to move on and I can’t,” is something I hear from many men and women during and after their divorce. I always tell people that no one can tell you how to move on, that it has to come from within. Of course, there are things you can do to help yourself begin to heal, accept, let go of anger and bitterness and move on, but honestly, truly moving on takes a long time for most people. The following is a great guest post by DGS contributor, Dr. Baruch Halevi, who offers practical advice on something specifically […]

Do litigants in person have an unfair advantage?

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That it had in her words, ‘taken up countless court and judge hours as both parties, incapable of compromise, have bombarded the court with endless applications, such that Ms Jones now tells the court the judge has had to make orders that neither party may make an application without the leave of the court. The refusal of either party to accept any ruling or decision of the court has meant that the court staff and judge have been inundated with emails, which they have had to deal with as best they could, with limited time and even more limited resources. […]

Court of Appeal: Divorcée can be identified

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Home > News Appeal judges lift an order protecting parties’ anonymity It has been reported by the Press Association that the Court of Appeal has rejected an application for a reporting restriction order by a former wife involved in financial remedy proceedings against her husband. Tina Norman had claimed that her financial affairs were “private business” and that there was no public interest in the disclosure of her identity. Various newspapers successfully contested the making of a reporting restriction order. The judgment will be available at a later date. Jo Carr-West, partner in the family department at Hunters Solicitors, said: […]