Diagnoses of various conditions on the spectrum of neurodiversity are increasing exponentially, so family practitioners will not be surprised if they see an increase in cases where a child’s diagnosis, such as autism, is an issue to take into account. Here, F had applied for a CAO and the High Court gave its determination in …
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The fact that the child (C) had been adopted did not prevent the court from making a parental order in favour of the adopters. This case involved the sole issue of whether the adoptive parents of a child born following a US surrogacy arrangement were entitled to a parental order under HFEA 2008. C was …
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The existence of an imbalance of economic power between divorcing parties is not in itself evidence of an abuse of that power. The judge made this important remark in a final hearing on M’s application for financial provision under the CA 1989. M wanted F to buy a £750,000 property for her and the parties’ …
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This was a child abduction case which, though complex, is an important reminder that a child’s best interests remain the priority – even if they express a wish to remain with the abducting parent. In November 2023, F applied for the summary return of three children aged 5, 8 and 11 to Sweden. F had …
Continue reading “Hague Convention – children’s welfare”
A failed in his appeal against a ruling transferring the tenancy of the family home to his cohabitee. In 1997 the parties went through a marriage ceremony at the Iranian Embassy in Kyiv, Ukraine. However, despite believing they were legally married, they discovered 20 years later, following W’s divorce petition in January 2021, that they …
Continue reading “Transfer of tenancy – void marriage”
This is an interesting ruling concerning property ownership, trusts of land and whether property owned by a divorcing party and third parties should be considered matrimonial property. The parties were married in 2005, separated in around 2014 and divorce proceedings began in 2017. This ruling was on a preliminary issue on the extent to which …
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A 48-year age difference between the divorcing parties gave rise to a strong needs-based claim, the court emphasised, in what Moor J described as ‘an unusual application for financial remedies’. H and W were 68 and 20 at the time of their marriage in 1999. Almost all of H’s huge wealth, in excess of £11m …
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An important child maintenance case which practitioners should be familiar with is Mostyn J’s ruling setting out the new adjusted formula methodology for calculating awards where the paying party earns more than the statutory limit of £156,000 to £650,000pa. It is a modernised approach to calculating child maintenance in a way that he considered fair. …
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Practitioners will be aware of the MyHMCTS guidance for respondents’ solicitors on how to make follow-up applications for a divorce or dissolution. HMCTS has now added further guidance to it, specifically on applying for a final order as a respondent solicitor. It sets out when you can apply, how to make the application and on …
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A solicitor’s error led to a final divorce order being made – a mistake that the President of the Family Division could not rectify. This was a most unfortunate case in which W’s solicitors, Vardags, inadvertently made the digital application, believing they were actually making that application for a different client (they had similar names). …
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