A heterosexual couple are fighting for the right to enter a Civil Partnership on the basis that it is not fair that only same sex couples are able to enter a Civil Partnership. The Court of Appeal agreed that the Civil Partnership Act 2004 is incompatible with European Convention of Human Rights Article 14 discrimination and Article 8 respect for private and family life. This judgment will put the Government under pressure to change the law.
We are excited to announce the launch of our new conveyancing video which aims to provide information about the conveyancing process to make things less confusing, setting out the process start to finish. We hope you find this video helpful. See Our Services page under Property Matters for the link.
In the New Year, there will be a widening of the gateway evidence required to obtain Legal Aid. The time limit of 5 years for validity of evidence will be removed. Domestic violence support organisations will be able to provide evidence. Housing support officers will be able to provide evidence. These are expected to come into force on 8/1/18.
HMCTS has announced that some designated family judge areas are to pilot new settlement conferences where they will adopt an inquisitorial approach to encourage co-operation between parties, designed to help identify solutions and reach an agreement which is in the children's best interests.
The Supreme Court allowed the wife's appeal to be released from an undertaking given in a Consent Order to sell the matrimonial home if she did not succeed in securing husband's release from the mortgage covenants.
The look and style of the Divorce Petition will change and will be in what looks more like a question and answer document. This is to take effect from 4th September.
The Business and Property Court in Wales was officially opened by the Lord Chief Justice on 24th July 2017 at Cardiff Civil Justice Centre. The Court will specialise in business and property work and create a super-highway between courts in London to ensure that international businesses and domestic enterprises are equally supported in the resolution of their disputes.
The Rt Hon Sir Ian Burnett appointed as Lord Chief Justice of England and Wales as from 2 October 2017. He will be the youngest ever appointed.
The Court of Appeal held that the Wife was correct to contend that the combination of potentially relevant factors, namely short marriage, no children, dual income and separate finances, was sufficient to justify a departure from the equal sharing principle in order to achieve overall fairness.
A High Court awarded ex wife £453 million, one of the biggest ever divorce settlements in the UK. This reaffirms the high bar that has to be met to justify assets not being split equally.