News Essentials: 30th January 2017
A brief summary of the essential family law news and cases from the last week:
Divorce (Financial Provision) Bill receives its second reading
Baroness Deech’s private member’s bill seeks to replace section 25(2) of the MCA 1973. Full story: Family Law Week.
DfE evaluation of the family drug and alcohol court (FDAC) national unit published
National Unit perceived to have had critical role in the set-up of new FDACs. Full story: Family Law Week.
Divorce order set aside after ‘procedurally unfair’ mistakes
The Court of Appeal has overturned remedy orders in a divorce case after finding a string of procedural errors with how the matter was handled. Full story: Law Society Gazette. See Iqbal v Iqbal, below.
Former banker ordered to hand over foreign pension income to ex-wife in landmark divorce ruling
A former banker who blew his fortune on spread-betting was yesterday ordered to hand over income from a foreign pension to his ex-wife, in what lawyers said was a landmark ruling stopping divorcing spouses concealing assets offshore. Full story: The Telegraph. See Goyal v Goyal, below.
Mr Justice Bodey departs from equality on basis of unmatched contributions
Judgment gives wife 37.5% of £36.95 million. Full story: Family Law Week.
Judge criticises local authority practice in 148 week care proceedings
A total of six social workers were involved in the case leading to failures in working with the family. Full story: Community Care.
London Borough of Hackney v Williams & Anor  EWCA Civ 26 (26 January 2017)
Appeal by local authority against finding of breach of Art 8 rights of parents in care proceedings. Appeal allowed. Full report: Bailii.
X v X (anonymisation)  EWHC 3512 (Fam) (16 December 2016)
Judgment concerns an issue about the anonymisation, or not, of a financial remedy judgment. Full report: Bailii.
Iqbal v Iqbal  EWCA Civ 19 (25 January 2017)
Appeals by husband against various orders made in financial remedy proceedings, including interim periodical payments, judgment summonses and final order. Full report: Bailii.
Briers v Briers  EWCA Civ 15 (25 January 2017)
Appeal by husband against financial remedies order. Appeal dismissed. Full report: Bailii.
DB v PB  EWHC 3431 (Fam) (22 December 2016)
Final hearing of applications for ancillary relief, for provision pursuant to Schedule 1 of the Children Act 1989, and for an order for sale of the former matrimonial home pursuant to section 17 of the Married Women's Property Act 1882. Full report: Bailii.
Bezeliansky v Bezelianskaya  EWCA Civ 76 (24 January 2017)
Applications by husband for permission to appeal against variation of capital provision in consent order and to appeal against three committal orders. Full report: Bailii.
N (Hague Convention: Habitual Residence), Re  EWHC 63 (Fam) (24 January 2017)
Application by mother, seeking return of 3 year old daughter to Canada. Application dismissed. Full report: Bailii.
Goyal v Goyal (No. 3)  EWFC 1 (16 January 2017)
Further judgment in long-running ancillary relief proceedings, dealing with outstanding issues, including the variation of a periodical payments order. Full report: Bailii.
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For more cases, see here.
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