Latest News

Boris Johnson and Divorce
150 150 richardbuxton

Firstly let me congratulate Boris on his ascent to being our new Prime Minister. I wish him every success in the role. I hope Boris can follow the Duke of…

read more
Mediation over Co-habitants share in a property-TOLATA
150 150 richardbuxton

When in London this last week I was asked by Solicitors to mediate in what is known in the trade as “TOLATA” standing for “Trusts of Land etc”. This involves…

read more
5 cases in the law of tort we all should know!
150 150 richardbuxton

See http://www.open.edu/openlearn/society-politics-law/law/five-tort-law-cases-you-should-know O.U must be congratulated for showing law cases in such a humorous way;less dry than the old law reports!

read more
Family Mediation-an update
150 150 richardbuxton

In 2014, the government introduced the compulsory Mediation Intake Assessment Meeting, which had to be undertaken prior to issuing court proceedings for ALL applicants to the family courts. MIAMs are…

read more
Top tax planning tips for Grandparents
150 150 richardbuxton

“The world needs grandparents as those grandkids aren’t going to spoil themselves!” Grandparents like to do everything they can for their grandkids, and often this will involve monetary assistance, whether…

read more
Wardship
150 150 richardbuxton

I am proud to let readers know that one of my Nigerian gentleman clients has succeeded against the odds with some help from me! Initially it looked a very difficult…

read more
Can a full time working ex-wife get Maintenance for herself ?
150 150 richardbuxton

The answer is “Yes” following a Court of Appeal decision this week. Cambridge University lecturer, 40, won £34,000 divorce battle with her Macedonian minister ex-husband who said she was so…

read more
Ones to watch in Dispute Resolution 2017
150 150 richardbuxton

We have delighted to report that we been chosen officially as one of Acquisition International’s Ones to Watch in Dispute Resolution 2017:Mediation winners from the UK.

read more
Living Together?
150 150 richardbuxton

• Judge backs co-habitee over wife in landmark wills ruling A woman who lived with her partner for nearly two decades has won a court battle for a share of…

read more

THE DIVORCE,DISSOLUTION AND SEPARATION BILL

The Divorce, Dissolution and Separation Bill received its first reading on 13 June. It will receive its second reading on a date to be announced.

The Bill will establish ‘no fault’ divorce by substituting section 1 of the Matrimonial Causes at 1973.

It will:
Replace the current requirement to evidence either a conduct or separation ‘fact’ with the provision of a statement of irretrievable breakdown of the marriage (couples can opt to make this a joint statement).
Remove the possibility of contesting the decision to divorce, as a statement will be conclusive evidence that the marriage has broken down.
Introduce a new minimum period of 20 weeks from the start of proceedings to confirmation to the court that a conditional order may be made, allowing greater opportunity for reflection and, where couples cannot reconcile and divorce is inevitable, agreeing practical arrangements for the future.
Justice Secretary David Gauke said:
“Marriage will always be a vitally important institution in society, but when a relationship breaks down it cannot be right that the law adds fuel to the fire by incentivising couples to blame each other.

“By removing the unnecessary mud-slinging the current process can needlessly rake up, we’ll make sure the law plays its part in allowing couples to move on as amicably and constructively as possible.

“I’m proud to introduce this important legislation which will make a genuine difference to many children and families.”
Margaret Heathcote, Chair of Resolution, said:
“We’re delighted that the government is introducing legislation which will help reduce conflict between divorcing couples.

“Every day, our members are helping people through separation, taking a constructive, non-confrontational approach in line with our Code of Practice. However, because of our outdated divorce laws, they’ve been working effectively with one arm tied behind their backs.

“These proposals have the support of the public, politicians, and professionals. We therefore call on MPs and members of the House of Lords to pass this Bill without unnecessary delay, and end the blame game for divorcing couples as soon as possible.”