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O (Appeal; Duty to Consider Fact-Find), Re [2024] EWHC 839 (Fam)

[2024] EWHC 839 (Fam) The Duty to Consider Fact-Finding is the responsibility of the judge where there are allegations of domestic abuse and or coercive or controlling behaviour. This has been reiterated in the recent decision in O (Appeal; Duty to Consider Fact-Find), Re [2024] EWHC 839 (Fam). What is a Fact Finding? “A Fact-Finding … Read more

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The Family Court Transparency Pilot

In October 2021, the Rt Hon. Sir Andrew McFarlane, President of the Family Division, published: “Confidence and Confidentiality: Transparency in the Family Court, a review of the issue of transparency in family justice.” In his report, he made several recommendations for achieving better and purposeful transparency in the family courts. This echoes similar progress being … Read more

No Fault Divorce Sima Najma

No Fault Divorce – a guide to the changes

Historically, to petition (apply) for divorce, the person making the application had to provide reasons and apportion blame on their spouse in order to satisfy the court that the application should be granted. This inherently caused more conflict and made the process of legal separation more difficult and fractious than necessary. On 6 April 2022, … Read more

Pre-nuptial Agreements: A Short Guide

In this article, I explore what a pre-nuptial agreement is and why it matters when you are considering getting married or entering a civil partnership and the effect these have when you decide to separate and/or formally divorce. What is a pre-nuptial agreement? A pre-nuptial agreement is a document that is drawn up by a … Read more

Trust of Land and Appointment of Trustees Act 1996 (the Act).

In this article, I explore what unmarried co-habiting couples should consider where the ownership or rights over shared property cannot be resolved without intervention. Such matters are dealt with under a piece of legislation (an Act) called the Trust of Land and Appointment of Trustees Act 1996 (the Act). This is commonly referred to as … Read more

Exploring co-habitation

In this article, I explore what co-habitation means and how it can impact your rights when dealing with separation and issues of domestic violence. Co-habitation is a term used to describe the living arrangements between an unmarried couple. Partners can decide to get married and have additional legal recognition for their status as a couple, … Read more

Division of Assets and Fairness in Divorce: Is it Fair and Equal?

Separating couples face the unenviable task of working out what assets they have and how these will be divided. This is no easy task. Where the court is charged with making the decision, the Parties must make a full disclosure to each other of their finances and assets. The assets may include any of the … Read more