Family (Feature)

Prest: a very English solution
14 June 2013
In Prest v Petrodel the Supreme Court kept company law principles intact and used property and trust law to reach a fair conclusion - but not all agree with Lord Sumption. Hazel Wright takes a closer look at the decision, while our commentators share their own take on the longer-term implications of the decision (see box below)
Unbundling unbundled: is our approach to family legal services finally changing?
31 May 2013
Cuts to legal aid are hitting family practitioners' client base like never before. As the Law Society pub lishes a practice note on unbundling, we try to demystify a term mired in misunderstanding. Face-to-face advice, transparent costing and clearly-defined services - unbundling is supposed to be the simple way, so why is it so confusing?
View from the bench | ‘We will be thrilled 
to see you’
3 May 2013
District Judge Tacey Cronin promises a warm welcome for solicitors as the tide of litigants in person rolls in
Bar Focus | Known unknowns: the impact of litigants in person
2 May 2013
We know to expect a rise in the number of self-represented litigants and stricter adherence to processes post-LASPO but the long-term impacts can only be guessed at. Lucy Reed reports
Break up, make up: a family system fit for the 21st century
19 April 2013
As changes to legal aid are implemented and the modernisation of the family courts gets under way, family law practitioner group Resolution mark a momentous year in more ways than one. Emily Bater visits Resolutions 25th annual conference and speaks to chair Liz Edwards
Update | Children: interim care orders at without notice hearings, changes to expert witness evidence
4 April 2013
Noel Arnold examines interim care orders at without notice hearings and changes to expert witness evidence, and says goodbye to family law legal aid
Update | Family: How children can benefit from involvement in divorce mediations
1 February 2013
Austin Chessell explains 
how children can benefit 
from involvement in 
divorce mediations
View from the bench | To review or not to review
14 January 2013
With far more self-represented parents in court come April, 
District Judge Nigel Law discusses when reviews of 
Children Act orders should be granted
Irreconcilable differences
11 January 2013
Does Prest draw a line in the sand in dispute over piercing the corporate veil in divorce proceedings? Stuart Ruff reviews the case
Update | Children: grounds for appeal
14 December 2012
With family courts under pressure to issue speedy justice, Noel Arnold tackles some of the grounds for appeal that can emerge
if procedures are not 
properly followed
All’s fair: lifting the corporate veil in divorce proceedings
11 December 2012
More detailed guidance is needed to establish how family courts can achieve fairness in divorce cases where one party’s assets are held in a corporate entity, says Kirstie Law
Update | Family: shared parenting
30 November 2012
Shared parenting presumptions set 
to be introduced in the Children Act 1989 will remind parents that children cannot be used as pawns in disputes between adults. 
Austin Chessell reports
The common law marriage myth
16 November 2012
Despite the limited rights afforded to cohabiting couples, the myth of ‘common law marriage’ persists - even among lawyers. Amy Radnor explores the issues involved
Bar Focus | Mediators can work hand-in-hand with barristers
31 October 2012
Barristers and mediators 
are soon to be be forced 
into a brave new world 

Family mediation must become the norm
26 October 2012
In her latest ‘Family business’ column, Marilyn Stowe questioned the government’s support of mediation and ADR, claiming that it has failed to produce results. Solicitor Peter Jones (below) and mediator Marc Lopatin (right) respond that instead of falling back on old methods, family lawyers must push themselves and their clients towards these alternatives before it’s too late
Family justice reforms need stakeholders' support
5 October 2012
Recommendations for 
the modernisation of 
the family justice system 
are undoubtedly sensible 
but their success in 
practice will depend both 
on resources and on stakeholders’ willingness 
to develop a new culture, 
say Rachel Langdale QC and Susannah Johnson
Complaints | Costs in matrimonial proceedings
18 September 2012
Michelle Garlick and Deborah Sullivan 
explain how to avoid a complaint over 
fees being escalated to LeO
Update | Children: removal from care
22 August 2012
Noel Arnold tackles the complex issues that arise when a child is removed from a parent’s care
The developing scope of constructive 'common intention' trusts
10 August 2012
The courts have been wary of allowing litigants in property disputes
to import the principles set out in Jones in respect of cohabitation but 
already there are signs that this approach may not be set in stone, 

Update | Divorce: keeping communication channels open
7 August 2012
Austin Chessell explains why effective communication between separating couples not only aids the resolution of disputes but helps to keep fees under control
Simplifying adoption laws
25 July 2012
With a growing number of would-be adopters and children in care, should adoption laws be simplified to make the process easier, asks Alec Samuels
Unmarried couples don't always intend an enduring relationship
18 July 2012
Cases involving unmarried couples appear to be decided on the principle that the relationship was entered into under the expectation it would endure but statistics and instructions to solicitors seem to be telling another story. Jonathan West and Alex Matheson report
Family business | Divorce by gimmick
6 July 2012
Instead of developing a ‘divorce by app’ scheme the government should consider allowing ‘no-win, no-fee’ 
in family cases, says 
Marilyn Stowe
Workshop | Handling leave to remove cases
2 July 2012
Shikha Datta outlines the key points to consider whether you’re acting for the relocating parent or the party opposing the move
How can accountants assist in matrimonial disputes?
29 June 2012
David Liddell outlines recent departures by the family courts from traditional business valuation methodology
View from the bench | Debt and divorce
1 June 2012
DJ Nigel Law examines the extent to which judges will take 
debts into account when dividing assests
Revisiting the redaction of records in children cases
21 May 2012
Local authorities should take a different approach 
in relation to disclosing third-party information in 
child abuse cases, says Peter Garsden
European briefing: the ECJ has acted swiftly without sacrificing legal certainty
21 May 2012
Placing a child in secure care is a sensitive subject, but the court has 
dealt with it rightly by considering the child’s rights and interests as well 
as the need to avoid unnecessary delay, says Paul Stanley QC
Divorce update
23 April 2012
A year after the Ministry of Justice introduced mediation as an integral part of certain divorce proceedings, Austin Chessell reflects on his experience in practice
The new position on costs for infant approvals is unwelcome
16 April 2012
The Court of Appeal's decision on the cost of hearings in infant approval cases will have severe consequences for children, the Bar and county courts, says Lucy McCormick
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