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Archive for the: Family category

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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