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Divorce law blog

Law Commission Recommends “qualifying Nuptial Agreements” should be legally binding – a view from North of the Border


05/03/2014   By:
In recommending that Nuptial Agreements meeting certain criteria should be made legally binding, the Law Commission’s proposals, if adopted, would bring the law of England and Wales in line with the law of other jurisdictions; and those other jurisdictions include Scotland.

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Law Commission recommends 'qualifying' nuptial agreements should be legally binding


27/02/2014   By:
Today the Law Commission published its long-awaited report on whether pre-nuptial (as well as post-nuptial) agreements should be legally binding. To no-one’s surprise, the report recommends that nuptial agreements, which meet certain criteria (so called ‘qualifying’ nuptial agreements) should be made legally binding.

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A long time coming: Japan ratifies the 1980 Hague Child Abduction Convention


26/02/2014   By: Sebastian Allen
Japan has endured sustained criticism for its hesitance in signing up to the 1980 Hague Child Abduction Convention. But they have now ratified the Convention, making them the final member of the G8 to do so.

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What will happen to my future bonuses in the event of a divorce?


07/02/2014   By: Sue Brookes
Many financial settlements are complicated by the fact that one spouse is paid a discretionary bonus and, when it comes to working out the right amount of maintenance, this can often be a source of contention. For the purposes of illustration let’s say it’s the husband who gets the bonus and the wife that is making the financial claims, although it would be exactly the same the other way round.

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The future of pre-nuptial agreements


03/02/2014   By: Sue Brookes
At the end of February the Law Commission is due to publish its long-awaited report on whether pre-nuptial agreements should be legally binding. As things currently stand, pre-nups are increasingly taken it into account but there is no guarantee that they will be effective. The Law Commission will recommend making the position a lot clearer, although we will have to wait to see exactly how they suggest this is done.

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In Denial? Differing perceptions of the effect of divorce on children.


22/01/2014   By: Sebastian Allen
The latest netmums.com report paints a pretty bleak picture of the hidden damage that divorce has on children. The statistics show that parents going through divorce are not as aware of the impact on their children as they first thought.

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Mills & Reeve offering fixed fee family arbitration in December to raise awareness of the benefits for resolving divorce disputes


29/11/2013   By: Nigel Shepherd
Family arbitration is quicker, more flexible, more confidential and cost-effective than going through the courts to sort out financial issues in a divorce. Yet many people are still unaware of how helpful an approach it can be. So, to promote its benefits in resolving financial family disputes, we’re offering arbitration for a fixed fee during the month of December.

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Keep it out of court: collaborative process in a nutshell


28/11/2013   By:
The collaborative process – sometimes called collaborative law – is another way of sorting out the issues that arise on separation or divorce – without going to Court. So what are the advantages and disadvantages of collaborative law?

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Keep it out of court: mediation in a nutshell


27/11/2013   By:
Mediation is a process that helps couples resolve their issues after they have decided to separate. It is not about the relationship or how to put the relationship back together. So what are the advantages and disadvantages of mediation?

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Family law mediation – the way forward for cost effective solutions to family disputes


21/11/2013   By: Alison Bull
With National Family Dispute Resolution Week (25 – 29 November 2013) highlighting the alternatives to court, I thought it would be a great opportunity to take a look at how another dispute resolution option is changing what divorcing couples can and should expect from their family solicitors.

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