Family Law & Matrimonial Law Solicitors

CETV’s for public sector pensions

admin — Fri, 20 Aug 2010 16:01:37 +0000

The Treasury has issued guidance that no CETV’s should be issued for public sector pensions for the time being.

This is causing a big headache in divorce cases. When the court decides how to deal with pensions following a divorce, the figure they look at s usually the Cash Equivalent Transfer Value (CETV). This is a lump sum value (in today’s terms) of the value of the rights accrued under a pension scheme. They are a useful starting position when tackling thee notoriously complicated assets.

The problem is that the government has announced changes to how increases in public pensions will be calculated in the future. This affects all public sector workers including those in the NHS, armed forces and police. We are seeing divorces that have to be put on hold because CETV’s are not available.

One option is to obtain an informal valuation from an IFA. This could help avoid delay. It may be sensible for one person to value all the pensions to ensure there is a level playing field and that each pension is being assessed on the same way. Otherwise watch this space and we will keep you up to date with developments.

Big money mediation

admin — Mon, 09 Aug 2010 09:13:39 +0000

The Court of Appeal recently allowed an appeal in Jones v Jones. The final hearing before the High Court took place in June/July 2009 and judgement was handed down in March 2010 (a very long delay). The assets areworth around £25million. What is interesting about the decision to allow the appeal is that two of the three appeal judges suggested the parties try mediation. We applaud this recognition from the courts that mediation can be used to resolve even the most complicated cases. on the face of it this case may not seem suitable, because of the value of the assets, the complicated nature of the finances, and the long history of court proceedings. But the court recognises that even cases such as this can be resolved using mediation.

Obtaining financial documents in divorce proceedings

admin — Thu, 05 Aug 2010 10:05:16 +0000

The man from Del Monte said “no”, and this has been upheld by the Court of Appeal. Mr Imerman (who owned Del Monte, the fruit and drink giant) applied to court to prevent his wife from relying on financial documents obtained by her brothers. The brothers shared an office with Mr Imerman in happier time.
Before this case, the courts took a relaxed view about spouses obtaining information about their partners finances, to be used in divorce proceedings. The principle of “self help” became known as the Hildebrand rules. As long as something wasn’t locked away, or stored electronically, it was permissible to read and copy the information and rely on it in court.
Not anymore. The Court of Appeal held this breached the right to privacy. It is now slightly unclear where the boundaries lie. Arguably if your partner leaves a bank statement on the kitchen table, there may be nothing wrong with having a look; but the same document, if left in a study or office, may be inadmissible.
The concern is that it may be easier for people to hide assets from the divorce courts.

Moving abroad with your children

admin — Wed, 07 Jul 2010 09:09:11 +0000

Family courts are increasingly being asked to decide whether one parent should be allowed to move abroad with the children. Generally these cases (known as “leave to remove” fall into two categories, people wanting to return to their home country, or people who want to start a new life abroad, perhaps with a new partner.

The consequences for the family are dramatic. Either the children’s relationship with the parent who remains at home will be reduced, or the parent who is not allowed to relocate may feel their life has been put on hold. The test applied in these cases has recently come under fire, with the suggestion being that the courts are too ready to allow people to move overseas. A recent case in the High Court saw permission refused (Re AR 2010 EWHC 1346), and the court called for the Supreme Court to review the existing case law. Lord Justice Thorpe has also given a speech highlighting these issues. Clarification of the law is urgently needed.

Divorce rates rise

admin — Wed, 30 Jun 2010 11:32:50 +0000

The latest figures issued by the Office for National Statistics show an unexpected increase in the number of divorces, and increase of 6% on the first quarter of 2009. This bucks the general trend which has been downwards for several years.

This may be due to the recession. In 2009, we found fewer clients were separating, perhaps due to fear about the uncertain financial climate. Now that we are, hopefully, past the worst, people are finding they cannot put their lives on hold indefinitely. We find that mediation is particularly helpful for families who have been badly affected by the recession - it can be much cheaper than the traditional use of lawyers, and it allows for a more creative approach which can help when money is tight.

Mediation in Norfolk

admin — Wed, 23 Jun 2010 10:15:22 +0000

The Deputy Prime Minister, Nick Clegg, gave a major speech to Barnardos on Thursday, setting out how the Government proposes to give children the best possible start in life. He restated the Government’s plan to increase the use of mediation when couples separate. This follows a recent Practice Direction from the President of the Family Division (a Practice Direction is guidance which all courts should follow), which revised the way courts deal with cases to focus on mediation. We at bbl family mediation recognise that mediation isn’t the answer for everyone, but it can have long term benefits. It often leads to solutions which work better and last longer than those imposed by a Judge.

Mothers in law?

admin — Mon, 21 Jun 2010 19:27:43 +0000

The case of T v B was recently decided by the High Court. A child was born to a lesbian couple, by way of artifical insemination. The couple separated, and the court held that the natural mother could not make financial claims on behalf of the child, against the ex partner, because she was not legally the child’s parent.

This is in contrast to the status of children born after the implementation of the Human Fertilisation and Embryology Act 2008. The provisions of this Act attracted publicity at the time, as it allowed for lesbian couples who had a child following fertility treatment, to register both their names as parents on the child’s certificate. This brought the law into line with that of heterosexual couples, where both parents could be registered on the birth certificate, following sperm or egg donation.

The law is in danger of becoming muddled if it develops at an uneven and inconsistent pace. Family law evolves when judges make decisions. This provides much needed flexibility, to reflect changes in society. But sometimes, Parliament needs to grasp the nettle and make comprehensive statutory reform to avoid seemingly contradictory decisions.

Divorce in later life

admin — Mon, 21 Jun 2010 12:52:40 +0000

This article in the Telegraph concerns the “40 year itch”, or the increasing number of couples who divorce after a long marriage. The article was prompted by the separation of the former US vice-president Al Gore, and his wife Tipper. Many of the reported legal cases, which shape our divorce law, are based on couples who have been married for a long time. This is because these are the people who are more likely to have accrued wealth for the court to deal with. We find clients in this situation may be keener to reach amicable settlements, perhaps to avoid upsetting their children or other family members. Collaborative law is particularly suited to these difficult cases.

Risks of cohabitation

admin — Thu, 03 Jun 2010 08:01:49 +0000

The case of Kernott v Jones was recently dealt with by the Court of Appeal. The couple, who were not married, bought a house together in 1985. They separated in 1993 and Mr Kernott moved out. Ms Jones remained living at the property and raised their son. She paid the mortgage in full for 17 years. In 2007, Mr Kernott applied to court. At first instance he was awarded 10% of the value of the property, but the Court of Appeal decided (in a two to one decision) that he was entitled to 50% of the value, despite having made no contribution for 17 years.

We strongly advise people who live together without marrying, or registering a civil partnership, to take advice at the outset of their relationship. For more information about the law for cohabitants have a look here.

Secrets and lies…..

admin — Wed, 19 May 2010 16:28:54 +0000

We’ve blogged before on how technology - mobile phones, email, and Facebook - is an increasing feature in relationship breakdown. This article suggests taking things one step further. A woman is Canada is suing her mobile phone company, because her husband found out she was having an affair via her itemised phone bill. Apparently she has asked the phone company to provide separate bills.