Family Law

Owens v Owens a Case on Divorce decided by The Supreme Court on the 25th July 2018

This is a case on grounds for Divorce and is extremely unusual. The Brief Facts The facts very briefly are that Mrs. Owens wishes to divorce Mr. Owens. The parties separated in February 2015 and have not since lived together. Mrs. Owens issued a divorce petition in May 2015 on the [...]

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Mills and Mills – A Case on Spousal Maintenance Decided by The Supreme Court

The UK Supreme Court has decided an important case in relation to spousal maintenance and this is the case of Mills and Mills. The Judgement has been given on the 18th of July 2018 the matter having been heard on the 6th of June 2018. The facts are that the [...]

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Heterosexual Civil Partnerships: A judgement by the Supreme Court

Since 2005 same sex couples have been able to enter into Civil Partnerships with each other. That right was given by the Civil Partnerships Act 2004. Then since 2014 same sex couples have been given the right to marry. However heterosexual couples have only the right to marry and not [...]

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Consent Orders in Divorce Proceedings

It is always best if Divorce Settlements can be reached by agreement between the parties whether it is done between themselves or through the assistance of Mediators or Solicitors. However what you should consider is whether you should obtain a Consent Order. This has to be obtained in the course [...]

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The future of Civil Legal Aid- Domestic Violence

Legal Aid is incredibly important. In line with the European Convention on Human Rights (ECHR), our criminal justice system enables citizens to feel both protection and redress from acts of violence. Article 6 of the ECHR specifically addresses the right to a fair hearing. A fair hearing constitutes equality between [...]

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Domestic abuse – what is the Family Court approach?

In recent months, the ability of the Family Court to safeguard the treatment and experiences of victims of domestic abuse has been explored. This is particularly so where recent research projects have exposed the fact that the Criminal Court has made significantly greater progress to its processes than what has [...]

Making the Right Choice: Oaths and Affirmations

To an experienced courtroom advocate, a witness swearing the oath to tell the truth is the means to an end. However sometimes the process itself can throw up complications. Can a judge compel a practising Muslim to swear on the Quran if he or she instead chooses to affirm? Some [...]

What to consider when responding to an application for a non-molestation order

When a person makes an application for a non-molestation order, they are entitled to make that application without telling the person, against whom the order is sought, in advance. This is because there are some cases where a person would seek to prevent another from even making the application at [...]

Extended family members seeking care of children

I was recently involved in a case where the maternal aunt sought to care for her niece. It was common ground that the parents could not offer care to the child, and the choice was therefore a stark one between the maternal aunt or adoption. Given the lack of availability [...]

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