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Archive for the: Family category

UK First: Requesting to the Court of Another Country

Posted by on August 4th 2017 in Blog Posts, Family

UK First: Requesting to the Court of Another Country

Kitsons Family Law Solicitor, Carolyn Croft, has been involved in a UK first - involving the power to submit a request to the court of another country for authorisation to exercise jurisdiction under Article 9 of the 1996 Hague Convetion.

The case included disputes surrounding the living and contact arrangements for two boys (A & B) after their parents' separation. After separating in July 2014 the mother who is originally from Norway, wanted to go back to her home country with both children. The English family court had concluded in 2015 with the mother consenting for one of the children...

Preventing the Sale of Marital Property on Divorce

Posted by on July 28th 2017 in Blog Posts, Family, Litigation, Property

Preventing the Sale of Marital Property on Divorce

S39(1) Senior Courts Act 1981 (“the Act”) allows the Court to make an order requiring a person to execute a conveyance, contract or document. If that person fails to execute such documents then a person nominated by the Court can sign on behalf of that person if they neglect or refuse to comply with the order or they cannot be found.

In the case of Welch v Welch [2017] Mr Welch obtained an order  which required his wife to sign the Conveyancing documentation in the sale of their property (a property in which Mrs Welch only held a 1% beneficial ownership). Despite the...

Woman could win cash payout 20 years after divorce

Posted by on March 12th 2015 in Blog Posts, Family

It has been reported in the news this week, that the Supreme Court has allowed the appeal by a former wife to enable her to bring a claim for a financial remedy 20 years after the parties divorced.  Lord Wilson said in his judgment that “the omission from the Family Procedure Rules of a power to grant summary judgment was deliberate” and therefore the draconian power to strike out a case in family proceedings does not exist.

This judgment does not automatically open the door to all prospective claimants but does emphasise the power of the Court to consider...

Marriage (Same Sex) Conversion Act 2013

Posted by on January 29th 2015 in Blog Posts, Family

Marriage (Same Sex) Conversion Act 2013

The Civil Partnership Act 2004 was introduced to provide for legal status of relationships between two members of the same sex.  By giving legal status to same-sex relationships, the Act conferred rights and obligations similar to those available to married couples. In addition, on dissolution of the Partnership, the parties were entitled to make claims against one another in respect of income, capital, property and pensions, mirroring the S25 factors under the Matrimonial Causes Act 1973.

After much debate, in December 2014, the Marriage (Same Sex) Conversion Act 2013 enabled Civil Partnerships to be converted to marriage. In addition, as of...

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