Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.
A year after the government promised a review would be coming ‘within a matter of weeks’, the Law Commission today announced that it has begun preliminary work on the project. The commission aims to publish a ‘scoping paper’ in September 2024. Scoping papers are part of the ‘pre-consultation’ phase of a law reform project, which means a consultation on proposed reforms is unlikely to appear until at least 2025.
Under the current tax rules, the transfer of assets between former spouses or civil partners is made on a ‘no gain or no loss’ basis but only if transfers of assets take place in the tax year in which the couple have separated. This means any gains or losses from the transfer are deferred until the asset is disposed of by the receiving spouse.
The receiving spouse will be treated as having acquired the asset at the original cost paid when the transferring spouse purchased the asset.
A family solicitor is hoping to raise awareness of how women going through a divorce may be disadvantaged financially as a result of menopause.
Farhana Shahzady, director of London and south-east firm Family Law Partners, says her family law menopause project poses a direct challenge to the Divorce (Financial Provision) Bill, which limits spousal maintenance to five years unless the spouse would otherwise suffer serious financial hardship. The bill, sponsored by crossbench peer Baroness Deech, was reintroduced in the House of Lords last July and awaits a second reading.
Here are some reasons why you may wish to consider using family mediation to work out your future arrangements:
Family mediation is a way for families to manage changes that arise when they decide that it is time to separate and when relationships change. These changes can have a significant impact particularly where there are children – in practical and emotional/psychological ways. If parents are willing to use mediation to try and resolve matters, any children involved will always be a central priority when any decisions are made.
If children know that their parents are working out arrangements for them together, this can be of great reassurance to them at a time when their world seems to be turned upside down.
Despite criticisms of proposed fee hikes and real concerns about court service levels and user dissatisfaction, the MOJ has confirmed court fee rises will be implemented at the end of the month, effectively on the 30th of September 2021.
The fees that will mainly affect Brighton & Hove Law clients are set to rise as follows:
This was an informal and thought-provoking workshop, run by Jo O’Sullivan, Remyhs Baker, Oscar Davies, Bridget Garrood and Stephen Lue. They took turns to provide a candid account of their individual experiences both in work and personal contexts. It was an opportunity to participate in an open discussion that was heartfelt and affirmed the strength of the LGBT + community generally as well as within the sphere of family law for both our clients and our colleagues. The opening question “Are we there yet?” sparked discussion of a wide range of topics where there had been a positive change in recent times, but where ongoing work was hoped for, including:
The European Court of Human Rights has ordered the UK to pay damages to a social worker who became aware of criticisms of her conduct only when a family court judge delivered an oral judgment at the end of a hearing.
The social worker went to the Court of Appeal, which found that the process by which the judge arrived at his criticisms was ‘manifestly unfair’ and set aside the adverse findings. However, in SW v United Kingdom, published yesterday, the Strasbourg court said the social worker suffered prejudice personally and professionally which the Court of Appeal’s judgment did not remedy.
We are always looking for talented family law specialists to join our team – if you would like to have an informal chat please telephone Kerry Gates on 01273 090 291 or send your CV to [email protected].
Copyright ® 2012 – 2024 – Brighton & Hove Law - Family Law Specialists & Solicitors Advocates
Brighton & Hove Law is the trading name of Brighton and Hove Law Limited. Authorised and Regulated by the Solicitors Regulation Authority (SRA NO: 641466). Registered office, 63 Coleridge Street, Hove, East Sussex, BN3 5AA. Registered in England and Wales Company Number: 10704794 and VAT no 141 2170 62.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.