Prenups, they work on Netflix, but do they work in England and Wales?
Part 2 – Section 25 of the Matrimonial Causes Act 1973: The Court’s ‘Trump Card’ In Part 1, we explored how the Courts assess the validity of a pre or post nuptial agreement. The Court will have consideration of the free will of the parties, the absence of undue influence, full and frank financial disclosure, […]
Care, Crime and the Children Act
Considering the impact of Findings in the Family Court Parties arriving at Court for family proceedings will often be nervous about potential consequences for the evidence they give. Many parents find themselves facing allegations of harm or domestic abuse in private law or care proceedings, to be determined through ‘fact-finding’ hearings where they are questioned about past behaviour. It is […]
Costs Orders in Non-Molestation Order Proceedings
Non-molestation order proceedings under Part IV of the Family Law Act 1996 are frequently commenced by applicants who are legally aided and who either assume that legal aid affords protection from adverse costs orders, or do not consider costs at all. Unlike many other areas of family litigation, non-molestation proceedings do not attract statutory costs protection. As […]
To Judge or not to Judge – when should a judge be recused from hearing a family law matter?
It goes without saying that Family Court proceedings, whether concerned with decisions relating to children in the private or public law sphere or with matrimonial finances and divorce, are often fraught with all manner of sensitive and difficult questions. At the centre of the disputes that come before the Family Court is the judge (or justices if the case is being heard by Magistrates) who […]
Domestic Abuse and Personal Conduct in Financial Remedy Proceedings
Recent High Court authority has reaffirmed the limited but potentially powerful role of personal conduct in Financial Remedy proceedings. Under section 25(2)(g) Matrimonial Causes Act 1973, the court may take account of a party’s conduct if, in its opinion, it would be inequitable to disregard it. The statutory wording is broad, but the case law has consistently […]
Sharing More Than Time: The reality of ‘Lives With’ Orders
A “shared lives with” order is a practical description used in private family law in England and Wales for a type of Child Arrangements Order where a child is to live with more than one person — typically both parents — for identifiable parts of the week, holidays or other times. As with all standard private law orders, the vehicle for such arrangements […]
Prenups, they work on Netflix, but do they work in England and Wales?
Part 1 – How do the court consider the validity of any nuptial agreement? Prenuptial and postnuptial agreements are becoming increasingly relevant in England and Wales, with more cases finding that the agreements are valid and enforceable. In the past Courts were hesitant about nuptial agreements, often dismissing them. Conversely, they are now a reality of modern family law and the institution of marriage itself. This seismic shift follows the 8 to 1 majority in the Supreme Court case of Radmacher v Granatino [2010] UKSC 42 (‘Radmacher’), which set out […]
The Impact of Domestic Abuse in Child Arrangements
When domestic abuse is a factor in family court proceedings, determining child arrangements becomes significantly more complex. Domestic abuse becomes a central consideration in safeguarding the welfare of the child. Understanding Domestic Abuse in the Context of Family Law Domestic abuse encompasses more than physical violence. It includes emotional, psychological, financial and sexual abuse, as […]
A Risky Business – the structured approach to the assessment of risk in family law
In both private and public law cases, it is often said by one party or another, or by a professional such as a social worker, that placing a child with a parent, or allowing the child to spend unsupervised time with that parent, is “too risky”. The word “risk” however is at substantial risk (pun […]
Children’s Voices and the Welfare Checklist: Striking the Right Balance
The principle that the child’s welfare is paramount has long been the cornerstone of family law in England and Wales. Enshrined in Section 1(1) of the Children Act 1989, it places the needs and safety of children above all else. Yet beneath that well-intentioned framework lies a complex question: how far do our courts genuinely […]