Family

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.

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.

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.

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 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.

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 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”.

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.

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 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.

A highly experienced chartered legal executive who forged her client’s signature after forgetting to ask the client to sign a consent order has been banned from working for law firms.

The Australian government has launched a A$3m (£1.6m) online platform which uses artificial intelligence to help separating couples divide up their property.

A High Court judge caught making critical comments of a mother in a care case because her laptop had not been disconnected from Zoom should have recused herself, the Court of Appeal has ruled.

A client arguing that her former solicitors did not follow her instructions in drawing up a divorce petition waived privilege in doing so, a High Court judge has ruled.

The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.