Family
Personal insolvency verses matrimonial law
It is fair to say that there has, for many years, been a “difference of opinion” between the law governing personal insolvency and matrimonial law with each “side” believing that they are right and should take precedence. The principal, sometimes conflicting, legislation is covered in the Insolvency Act 1986 and the Matrimonial Causes Act 1973. However, the differing courts can and will give wide discretion when determining whether and how a married couple’s assets are to be divided.
Solicitor struck off over falsified decree absolute
A solicitor who led a client to believe he was divorced after she falsified a decree absolute has been struck off. She also admitted having the client pay her in cash, rather than pay her firm.
Family courts meet the Covid challenge
While the criminal courts in particular have struggled to cope with the impact of the pandemic, the family system seems to have fared somewhat better.
McFarlane tells family judges to curb out-of-hours hearings
The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.
Family lawyers “must be forced to follow good practice”
Family lawyers should be forced to follow good practice to protect children from “acrimonious legal representation”, and should embrace multi-disciplinary practice, a major report has concluded.
Exclusive: New ‘corporate’ chambers looks to shake up Bar
A family law barrister, together with the former chief executive of the Lawn Tennis Association, are looking to shake up the Bar by adopting a corporate structure for their new chambers.
Four in ten parents “do not understand remote hearings”
Four in ten parents who have been involved in a remote family hearing say they did not understand it, a major study has discovered. The president of the Family Division said this was “worrying”.
Family lawyers embrace mixed teams to offer non-court alternatives
An increasing number of family law specialist teams are joining with other disciplines and professionals to offer clients a wider range of services that do not involve the court process, it has emerged.
Remote hearings “can bring horror into your home”, says judge
A particularly unwelcome issue for judges hearing cases remotely is that some of the most disturbing elements of serious family cases are being heard at home, a High Court judge has reported.
Family lawyers “losing connection” with colleagues since lockdown
Family law specialist are feeling more isolated and less connected to their peers and colleagues within the legal community since the UK went into lockdown, a survey of Resolution members has found.
Blog
Change in regulator shouldn’t make AML less of a priority
While SRA fines for AML have been climbing, many in the profession aren’t confident they will get any relief from the FCA, a body used to dealing with a highly regulated industry.
There are 17 million wills waiting to be written
The main reason cited by people who do not have a will was a lack of awareness as to how to arrange one. As a professional community, we seem to be failing to get our message across.
The case for a single legal services regulator: why the current system is failing
From catastrophic firm collapses to endemic compliance failures, the evidence is mounting that the current multi-regulator model is fundamentally broken.
