Archives: Family

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Costs – conduct

June 2022 | Family

Costs penalties under CPR r 44.2(5) to reflect poor matrimonial conduct have been removed by judicial guidance in England and Wales. The move reflected the introduction of the new divorce legislation on 6 April 2022 which introduces the no-fault concept. The guidance from the President of the Family Division states: ‘There is therefore no scope …

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No fault divorce – pitfalls

June 2022 | Family

In the latest of his incisive articles, well-known international practitioner David Hodson highlights various practical challenges presented by the new no fault divorce process. Some, he states, ‘are significant flaws’ in the operation and application of the new laws, particularly with the respondent (R) being in a weaker position. He points out: The R still …

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Divorce – forgery

June 2022 | Family

Following a lengthy marriage, a decree absolute was granted in April 2010 following H’s unreasonable behaviour petition. The parties have four children. H has now remarried and had another child. W asked for the divorce to be set aside on the ground that her signature was forged and she knew nothing of the divorce. The …

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Disclosure – privilege

June 2022 | Family

F did not have the right to blanket protection against self-incrimination in private family proceedings in relation to his two children. F failed in his appeal against the Family Court’s refusal to order that statements or admissions made by him in proceedings, in reference to findings made by the court, would not be disclosed to …

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Contempt – video recordings

June 2022 | Family

D had uploaded video recordings of family and children proceedings to YouTube and the AG sought a committal order for contempt under Part 19 FPR 2010. The family court found that D had intended by his actions to interfere with the administration of justice and allowed the application. At issue was whether or not the …

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Procedure – fees exemption

June 2022 | Family

The Civil and Family Proceedings Fees (Amendment) Order 2022 has come into force simultaneously with s65 (Prohibition of cross-examination in person in family proceedings) and s66 (Prohibition of cross-examination in person in civil proceedings) Domestic Abuse Act. The order amends the Civil Proceedings Fees Order 2008 and the Family Proceedings Fees Order 2008, giving a …

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Domestic abuse – private law children proceedings

June 2022 | Family

Practitioners will be interested to know that the President has issued the judiciary with guidance around fact-finding hearings and domestic abuse in private law children proceedings. It covers: matters to be considered at gatekeeping/at the FHDRA/FDA, including non-court DR and MIAMs; whether a fact-finding hearing is required; case management if a fact-finding hearing is required; …

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Litigation misconduct – needs-based only award

June 2022 | Family

The parties met on a Eurostar train in March 2018, eventually married for just five months and no children were involved. But what should have been an easy case was bitterly contested – and turned out to be a high-value and expensive dispute. Both the parties were found to be guilty of litigation misconduct in …

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Property – joint ownership

June 2022 | Family

A property co-owner did not have to prove detriment or change of position to succeed in claiming an increased share, the High Court has decided. However, the issue of ‘conscionability’ should be borne in mind. The parties had cohabited the family home which they bought jointly in 2007 without making a declaration of trust. Two …

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