he first question for the court to determine is whether the debts are legitimate, and this is a question of fact. Sometimes ‘soft loans’ from family members may not be considered as repayable and some may even be sham arrangements to deplete...
Cases like this can be very challenging as the family court will look to meet the needs of the parties and any dependants, but the bankruptcy court’s duty is to the bankrupt person’s creditors. Much depends here on timing...
July’s King’s Speech unveiled Labour’s legislative agenda for their early months in government. Two employment bills were announced. The Prime Minister’s accompanying briefing note provided some details,...
In the recent case of AH v BH [2024] EWFC 125 Mr Justice Peel had to consider the terms of a pre-nuptial agreement where the assets were around £50m and almost all of the assets were held in the husband’s sole name. If the pre-nuptial agreement...
The court has the power to appoint a Guardian in court proceedings regarding children. This is often called ‘a Rule 16.4 Appointment.’ The Guardian is usually employed by Cafcass, but this is not always the case. There is...
The Pathfinder scheme launched in Birmingham on 28 May 2024 and with it came a fundamental change to Cafcass’ investigative and reporting role within private children law proceedings. Before Pathfinder, Cafcass would often prepare two reports –...
On 28 May 2024, a reformed approach to private children law launched in Birmingham, called Pathfinder. This scheme has previously been piloted in Dorset and North Wales and has now been expanded to Birmingham. This means that all proceedings started after...
When the parties to a divorce exchange financial information through statements known as Forms E there is a question that asks for an overview of the financial position of new partners if you are living together or intend to. You are asked to provide...
Following a divorce, the court has a variety of different powers to divide the couple’s finances and assets. Usually a financial order would be in ‘full and final settlement’ of all claims and there would be very limit circumstances...
The short answer is no. No one should force you into pursuing a settlement that you are not comfortable with. If you want to take less than you have been advised you are entitled to this is your decision to make. You can however expect your...
