Sima Najma Family Barrister Case Review Image

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

Sima Najma - Puzzle Creative

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

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

Financial Remedy Orders – changes to Financial Remedy Hearings you need to know about

A financial remedy order helps divorcing couples obtain certainty in court with financial matters when separating if they have been unable to resolve things during mediation.  A financial remedy order can include any financial asset and how this is shared between the separating couple. Often, a financial remedy order deals with lump sum payments, pension … Read more

Separation and marital assets: when dishonest behaviour leads to adverse costs orders  

Do you suspect that your former partner is being less than truthful in their disclosure of assets in your divorce?  In this article I explore what seemingly should have been a straightforward split of assets became a protracted and complex review and decision-making process.   Please see the page on Financial Remedy Proceedings where I set … Read more

Applying for a Child Arrangements Order

Are you looking for help with Children Act 1989 proceedings? I am a public access Barrister who has helped many clients with applications and continue to provide support to families going through Court. In this short article I will guide you through some essential facts about Children Act 1989 proceedings. Take a look at my … Read more