Latest News

Latest News from Susan Clark Solicitor - April 2017

Dealing with divorce and financial issues, arbitration, separation agreements, civil partnerships breakdowns, unmarried partner disputes, living together agreements, issues surrounding children, pre-nupital agreements, domestic violence issues.

Woman trapped in loveless marriage after judges refuse divorce

Woman trapped in loveless marriage after judges refuse divorce

You may have seen in the widely reported press the case of Mr and Mrs Owens where a wife was refused a divorce on the grounds of her husband’s unreasonable behaviour. The case law is embodied within section 1(2)(b) of the Matrimonial Causes Act 1973. This states “the court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts… that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent… it shall be the duty of the court to enquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent”.

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Another positive for arbitration

Another positive for arbitration

Recently a Court of Appeal dismissed a wife’s application for an anonymity order and confirmed that her case should be heard in public.

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Opposite sex civil partnerships

Opposite sex civil partnerships

You may also have seen in the paper a report in relation to this case, where a heterosexual couple challenged the reasons why they could not enter into a civil partnership. Same sex couples have the choice of entering into either a civil partnership or into marriage.

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Beware short marriages

Beware short marriages

In a decision of the court in December 2016, a wife was awarded a high level of maintenance even after a very short marriage. The parties had a child aged almost 2 and the marriage was only of some 19 months in total. The husband was a professional footballer and earning in the region of £1m per year.

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The effect of Brexit on family law

Court Fees

It is believed that Brexit is going to have a huge effect on family law, especially for those families whose parents are of different EU nationalities. There will also be implications for the British ex-pat community living in the EU unless agreements are reached to protect them.

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