By Ann Thomas
Date: 11 Mar 2023
The International Family Law Group is very sad to announce the death of Denise Carter OBE after a very short illness.
By Annie Boxer
Date: 07 Mar 2023
I joined The International Family Law Group LLP in March 2020 as a Paralegal and completed my Training Contract in January 2023. As a part of my training I was seconded to Fragomen LLP, a leading immigration firm.
Date: 06 Mar 2023
In England proceedings for divorce/dissolution; financial matters and child matters are entirely separate and not everyone who separates or divorces has to apply to court to formalise arrangements for their children. In fact, in England the courts adopt a presumption of ‘no order’ when it comes to children matters, preferring families to make their own arrangements where possible.
Date: 17 Feb 2023
On 30 January 2023, a 12-month pilot scheme, designed to increase transparency in the family justice system began in three Courts in England and Wales (Carlisle, Leeds, and Cardiff). If successful, the approach adopted by the pilot scheme will be extended to all courts in England and Wales.
Date: 02 Feb 2023
Leave to remove cases (also known as relocation applications) can be some of the most challenging cases that come before the family court. Whilst any family matter can and often does elicit highly charged emotions and a degree of uncertainty, within relocation cases, the court is required to consider an application focusing on a child’s best interests and ultimately produce a binary answer: should a child relocate or not?
Date: 30 Jan 2023
Millions of people around the globe have funds in cryptocurrencies, with billions of dollars now invested. The nature of these funds is invariably secretive and non-national based. They present distinctive challenges for family courts around the world in ascertaining what are the overall assets in order to produce a fair outcome. These challenges should be addressed globally, by lawyers and judges, because it is an international resource which requires international collaboration to ensure full disclosure and proper understanding. Approaches and judicial devices successfully adopted in some countries can usefully be borrowed elsewhere. Distinctive orders made, and wording successfully used to enforce or implement, can be translated to other courts. This article sets out some global experiences with the intention of leading to a wider debate and sharing. It presumes a reasonable understanding of digital currency and related aspects.
By James Netto
Date: 30 Jan 2023
iFLG in the European Court of Human Rights
Date: 03 Jan 2023
Dealing with international clients who, by extension, might have a different perception of how the legal system works, having been raised and lived in another country, can be quite a challenge.
By Lucy Loizou
Date: 20 Dec 2022
The concept of ‘no fault divorce’ was finally introduced in England and Wales on 6th April 2022. The law now provides that the only ground for divorce/dissolution is irretrievable breakdown. It has removed the “blame game” for couples seeking a divorce.
Date: 19 Dec 2022
In the majority of cases child maintenance is determined exclusively by the formula prescribed by the Child Maintenance Service (CMS). In summary it is a percentage of the paying parent’s income with deductions for overnight care. But there are some exceptions where the English family court may have the power to make orders in relation to child maintenance. These include:
By James Netto
Date: 30 Nov 2022
By way of his judgment of Q v R, Mr Justice Williams ordered the summary return of a child, "E" to Ukraine. This is the first reported case of an abducted child being returned to Ukraine since the Russian invasion in February 2022.
Date: 23 Nov 2022
1. Introduction
By James Netto
Date: 22 Nov 2022
Concerns are growing for three British children, Khalid, Aasiyah and Maimunha Aljehani, who have been removed from England to Libya by their father. The mother initially agreed to the children going on holiday with their father to North Yorkshire; it has now been established that the father removed the children to Libya, where they remain.
Date: 14 Nov 2022
David Hodson OBE KC(Hons) MCIArb spoke at the conference of the International Mediation Awareness based in Dublin, on the importance of having an international family mediation profession.
Date: 27 Sep 2022
I was fortunate enough to spend a couple of weeks in Australia last month with David Hodson visiting some of our family lawyer friends in Brisbane, Sydney, Melbourne, and Perth along with Singapore. Within our practice we work on many Anglo/Australian cases, so I already had a good understanding of many of the similarities and differences in our systems. There is however no substitute for seeing and speaking with people in person and it was fascinating to experience and discuss many of the pros and cons of our respective countries. We were also able to give a presentation to several law firms on English family law.
Date: 08 Aug 2022
Executive summary
Date: 02 Aug 2022
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) (otherwise known as 'Brussels IIa Recast') came into operation in the EU on 1 August 2022
By James Netto
Date: 15 Jul 2022
The President of the Family Division has very recently handed down his decision in this matter of:
Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.
By James Netto
Date: 12 Apr 2022
Whilst the welfare checklist is familiar ground for practitioners, two new cases have brought into sharp focus how the views of children can make a real difference to an outcome of the case. The first is AE and JE v M [2021] EWHC 1957 (Fam) and the second is Re A & B (Rescission of Order: Change in Circumstances) [2021] EWFC 76 – in both cases, the children acted as applicants, seeking for a significant change of orders after they had been made.
Date: 06 Apr 2022
From today (6 April) there will be a huge change in the way couples divorce in England & Wales when the new no-fault divorce law pursuant to the divorce, Dissolution and Separation Act 2020 comes into effect.
Date: 29 Mar 2022
From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. Nevertheless, however welcome this new law, there are significant flaws in its operation and application, particularly with the adverse impact on the respondent. This note looks at some of these pitfalls in practice.
By Annie Boxer
Date: 25 Mar 2022
The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.
Date: 22 Mar 2022
Civil partnerships were initially introduced in England in 2004 for same sex couples, who were unable to marry. Although the legal rights for civil partners were akin to those of married couples, same sex marriage was introduced ten years later, in 2014.
Date: 08 Mar 2022
From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. However it is the rules which will be of curcial importance in practice and this note explores some of the important changes for practitioners.
Date: 03 Mar 2022
From 6 April 2022 there will be a huge change in the way couples divorce in England & Wales when the new no-fault divorce law pursuant to the Divorce, Dissolution and Separation Act 2020 comes into effect.
Date: 02 Mar 2022
With awards of annual bonuses for many fast approaching and predictions that bonuses in the banking sector this year will be high; this article considers how bonus payments are dealt with upon divorce and for how long after separation they might be shared with a former spouse or civil partner.
Date: 01 Mar 2022
This article updates answers in 2022 regarding points originally posed to Lucy Greenwood by BBB in February 2020, shortly after heterosexual civil partnerships were introduced to England.
Date: 28 Feb 2022
The new no-fault divorce law pursuant to the divorce, Dissolution and Separation Act 2020 comes into effect on 6 April 2022 and applies to marriage, civil partnership and nullity cases, but what about the practicalities surrounding the filing of existing applications prior to 6 April 2022?
Date: 28 Feb 2022
It is essential for all Jewish wives to ensure their husbands grant them a Get (a Jewish divorce) as well as a civil divorce.
Date: 23 Feb 2022
A recent court decision (reported as P and Q) from the lead judge for the London Financial Remedies Court has provided invaluable guidance on the treatment of loans from friends and family members within financial remedy proceedings on divorce.
Date: 31 Jan 2022
Some Embassies and Consulates in London perform marriages within their buildings in accordance with their own domestic law. Whilst this may be permitted according to the law of the country of the embassy or consulate, these marriages may not be recognised in English law. This may have very significant adverse consequences for the couple concerned.
Date: 31 Jan 2022
Conduct remains an area in which public and client perceptions vary widely from how case law has developed in the area. This article examines the historical background for conduct as a facet of the divorce process, analyses how conduct is applied by the Courts as a factor within financial proceedings and examines comparable international jurisdictions.
Date: 24 Jan 2022
The UK left the EU on 31 January 2020, but the law stayed the same until 11 PM on 31 December 2020. From that time onwards, EU laws no longer applied in England and Wales in respect of new proceedings. But the consequence of transitional arrangements is that EU laws will continue to apply for many years, perhaps decades, in respect of proceedings already commenced before the end of 2020. This will have long term impact. All family lawyers with a case involving a connection between England and Wales on one hand and an EU member state on the other hand need to be aware of these aspects. For anyone with a divorce, maintenance order or children order it is important to know whether it may be automatically recognised and effective. This summary note sets out some of the consequences. The full background and explanatory guidance is set out in “Family law leaves the EU: a summary guide for practitioners” (LEXIS-NEXIS) by the author.
Date: 17 Jan 2022
In many instances when a marriage breaks down the spouses only have a connection with one country and the divorce and financial proceedings take place there. But what happens when one or both people have a connection with more than one country?
Date: 13 Jan 2022
Prof David Hodson writes about the new no-fault divorce law coming into force in April 2022, drawing attention to its significant benefits but also highlighting some of the problems likely to occur in practice.
By Lucy Loizou
Date: 12 Jan 2022
When going through a divorce it is common to experience the fear of being left penniless by your spouse. This may be because he or she will dispose of assets so that no money is left to divide on divorce or by doing things such as transferring property into someone else's name, emptying bank or investment accounts, disposing of crypto-currency or recklessly spending. This is something that family lawyers often come across. When emotions are running high it is hard to distinguish between an empty threat and an actual premeditated plan. There is often a very fine line and it requires careful consideration with a specialist lawyer.
Date: 18 Dec 2021
The International Family Law Group LLP is pleased to announce that iFLG co-founder and partner, Prof David Hodson OBE MCIArb, has today, 22 December 2021, been appointed an Honorary Queen’s Counsel, by Royal prerogative.
By Annie Boxer
Date: 24 Nov 2021
On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the ‘new norm’.
By Paula Fox
Date: 18 Nov 2021
Practice Areas: Arrangements for Children | Child Abduction | Child Relocation: Moving Abroad with a Child | Children | Cross Border Enforcement | Financial Provision for Children
James Netto nominated for the Citywealth Future Leaders awards, was delighted to receive the accolade of Bronze Future Leader 'Family Lawyer of the Year - Partner'.
By Annie Boxer
Date: 10 Sep 2021
From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since its launch in May 2018 and this is yet another important development for the provision of digital solutions in divorce and financial remedy case.
Date: 17 Aug 2021
The rapid growth of technology has led societies to adapt to the circumstances that a new, digital reality, as some would describe it, has been created. The digital world is constantly morphing and evolving, while applying to almost every aspect of our lives. Technology is an indispensable tool that people use today, among other things, for their personal growth and in their social lives. Meaningful access to technology is a way of realising our rights, maintaining our relationships, and developing our careers.
Date: 06 Aug 2021
The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there is no public or policy input into the law or changes in the law. It has the significant difficulty that by reference to almost unfettered discretion with propensity for contradictions or nuances in the judge made law it encourages litigation and discourages early settlement.
Date: 30 Jul 2021
iFLG Partner David Hodson OBE has teamed up with Michael Horton QC of Coram Chambers who have launched a podcast series during 2021 in place of their annual conference.
Date: 09 Jul 2021
The coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and a couple separates or divorces, who keeps the dog?
Date: 18 May 2021
Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a ‘clean break’.
Date: 11 May 2021
When the Family Procedure Rules 2010 (FPR) originally came into force in April 2011, rule 8.26 provided that applications for leave under Part III must be heard by ‘a judge, but not a district judge’. Rule 8.28 of the original rules went on to provide that if the leave application was granted, the court may direct that the application be heard by a district judge of the Principal Registry of the Family Division (PRFD). In practice this meant that leave applications were heard at circuit judge leave or more commonly high court judge level. If leave was granted it was often retained at that senior level, although there was discretion for the substantive proceedings to be heard by a district judge within the PRFD.
By Lucy Loizou
Date: 18 Feb 2021
Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a ‘common law’ husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is far from this. Cohabitants do not have the same financial protection and security on the breakdown of their relationship as is afforded to married couples/those in civil partnerships. The law in England and Wales is far from satisfactory in this area. It is archaic, confusing, and outdated. Complex legal principles are often applied, particularly in relation to the division of property. Such principles are not easy to understand and can lead to expensive legal proceedings and delay.
Date: 11 Feb 2021
The last thing an entrepreneur has is time!
Date: 04 Feb 2021
One of the features of the new family law landscape on the UK leaving the EU is the re-emergence of sole domicile, a jurisdictional connecting feature in English law over many decades. It is now a primary basis for divorce as it was until the end of February 2001 when Brussels II first arrived. It is no longer a restriction on the family courts’ power to make needs-based orders. UK domiciliaries again have access to the family courts of England and Wales. What is there not to rejoice and to welcome back into English family justice with open arms!
By Annie Boxer
Date: 03 Feb 2021
There is no disputing the fact that the Family Court has faced numerous unprecedented challenges as a result of the Covid-19 pandemic. Judges and court staff are under considerable pressure to ensure that there is a continued access to justice. However, with increased pressure, demand, and workload, delay to financial remedy cases has unfortunately been inevitable. For a client, delay can mean increased stress, costs, and uncertainty all of which are of course not welcomed, especially when tensions may already be high owing to the changed commercial reality of some cases. Nonetheless, there are various options that can be pursued to minimize delay in financial remedy cases; two increasingly popular options being engaging in arbitration or arranging a private FDR.
By James Netto
Date: 02 Feb 2021
The UK’s departure from the European Union in 2020 signalled the careful and complex process of the uncoupling of our domestic law from 45-odd years of law originating from the EU. Whilst the Brussels-based Court of Justice of the European Union (CJEU) no longer has the same role in law over any British cases, it is still possible for the right case from the UK to be propelled into and have the benefit of a European court. It is the European Court of Human Rights (or ECHR) based in Strasbourg. It remains a further venue for a small number of very specific cases originating in the UK.
Date: 11 Dec 2020
There are a lot of myths and misconceptions about international family law issues. Here is our top 10:
Date: 20 Oct 2020
This new book published today, explains Family Law in leaving the EU. Every practitioner should have a copy.
Date: 09 Oct 2020
David Hodson OBE MCIArb in his third article on family law leaving the EU looks at transitional arrangements. It will be possible to rely on EU laws for very many years to come but take action before 31 December 2020.!
Date: 04 Sep 2020
Although the concept of habitual residence plays a crucial role worldwide in determining a family court’s jurisdiction regarding children, it is not defined in statutes, international conventions, or treaties in which it features.
Date: 13 Jul 2020
David Hodson explores areas where, post Brexit and with the differences behind them of continued membership, the UK and the EU should work together collaboratively for the benefit of international families and to further International family Law.
Date: 05 Jun 2020
Partner Lucy Greenwood offers practical advice and guidance in this article, for those looking for legal relationship advice as we ease out of lockdown.
By Lucy Loizou | Michael Allum
Date: 01 Jun 2020
Partners Lucy Loizou and Michael Allum consider the ever-increasing international movement of people and families, a significant portion of financial cases in the family courts of England and Wales now involved assets located overseas.
Date: 28 May 2020
Not all foreign adoption orders are automatically recognised in this country. Only the following adoption orders are automatically recognised in this country.
Date: 19 May 2020
Contact issues between parents must be considered on two fronts.
Date: 07 May 2020
In May 2008 I wrote an article anticipating what would be family law and the practice of family law a decade or more hence, May 2020. Would I have perfect vision of a fair family law 12 years later or would some of the problems still be with us?
Date: 30 Apr 2020
iFLG partner Michael Allum reviews the English family court’s power to make financial orders following foreign divorces (Part III) and asks whether it is time for the leave/permission filter mechanism to be reformed.
Date: 21 Apr 2020
Partner David Hodson OBE draws attention to the urgent need for international laws for cross-border recognition and enforcement of domestic violence orders, particularly in the digital context.
Date: 20 Apr 2020
That is to be the position in New York after Governor Andrew Cuomo announced on 18 April 2020 that he had signed an Executive Order allowing New Yorkers to obtain marriage licences remotely and authorising clerks to perform ceremonies via video conference.
By Lucy Loizou | Michael Allum
Date: 15 Apr 2020
Partners Lucy Loizou and Michael Allum consider the ever-increasing international movement of people and families, a significant portion of financial cases in the family courts of England and Wales now involved assets located overseas.
Date: 31 Mar 2020
Despite many significant fiscal measures which the Government is introducing owing to Covid-19, there is no change to the new CGT rules which had already been announced and remain due to be introduced on 6 April 2020.
Date: 11 Mar 2020
Partner David Hodson OBE, was part of a round table gathering at Lincoln's Inn recently, to discuss International Family Matters organised by the Academy of Legal Practice in The Netherlands.
Date: 18 Feb 2020
On 31 December 2019 England* introduced heterosexual civil partnerships. Prior to then only same- sex couples could enter civil partnerships in England.
Date: 06 Feb 2020
David Hodson OBE reflects on core principles of family law practice set out by the Australian Family Courts in a recent practice direction. He suggests these could be usefully adopted for global good practice.
Date: 20 Jan 2020
David Hodson OBE writes a Legal Briefing on the High Court judicial approval for joint drafting of family consent order.
By Paula Fox
Date: 24 Oct 2019
"The International Family Law Group were chosen as winners of 'Excellence in International Legal Services' for their truly international focus in an often challenging area of expertise. Their work on international child abduction impressed the judges, who appreciate it is a big responsibility of huge social consequence. Judges were also impressed by their leading voice in the discussion on the impact of Brexit on international family law" - The Law Society October 2019.
Date: 17 Oct 2019
The statistics produced annually by the ONS give a snapshot of the trends in relationships and families in the UK.
Date: 30 Aug 2019
From April 2018 it has been possible to commence divorce proceedings online. Would this mean more premature petitions, perhaps issued online after a marital argument and therefore not proceeding to a final divorce once the couple had made up? Are there different patterns of attitudes and behaviours with online divorces? More than 12 months on, some FOI statistics might seem initially to confirm this.
Date: 16 Aug 2019
A change in the law, coming into effect possibly later in 2019, will alter the procedure for obtaining a marriage certificate for weddings in the Anglican Church. In future, couples will only obtain a marriage document at the time of the wedding with the marriage certificate being provided subsequently by the local Superintendent Registrar.
Date: 08 Jul 2019
At the 17th Australian Family Lawyers' Conference in Fiji, David Hodson presented a paper, written with Michael Allum giving a global overview of the circumstances in which some countries will grant financial provision even though a divorce and financial order has already been made in another country. It asks whether the law should exist in other countries. Please click here for the full paper. ralian Family Lawyers' Conference in Fiji, David Hodson presented a paper, written with Michael Allum giving a global overview of the circumstances in which some countries will grant financial provision even though a divorce and financial order has already been made in another country. It asks whether the law should exist in other countries. Please click here for the full paper.
Date: 08 Jul 2019
As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality. David Hodson updates his 2017 article on the countries which prevent dual nationality. Please click here for the full article.
Date: 07 Feb 2019
On 3 and 4 December 2018, the first International Forum on Online Courts was held in London. There were 300 delegates from about 30 different countries. It undertook an international review of what is happening in many countries around the world. It looked at technological issues, matters of access to justice, practicalities for lawyers and the judiciary, examples of innovations and lessons to be learned. It was co-organised by the Society for Computers and Law (SCL) and by Her Majesty's Courts and Tribunal Service (HMCTS) which, in the UK, runs the court service.
Date: 03 Jan 2019
The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force today (3 January 2019) enabling single people for the very first time to apply for parental orders.
Date: 20 Dec 2018
Booking an initial appointment to see a solicitor can feel like a very daunting experience. It doesn’t need to be that way. This gives some guidance on what to expect together with some pointers of what you can do in advance to get the most out of your first meeting with a solicitor and make it time and cost effective.
Date: 29 Oct 2018
The EU Matrimonial Property Regulation is 2016/1103 with a full title of Council Regulation of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of Matrimonial Property regimes. It should be read alongside Council Regulation 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of property consequences of registered partnerships. The two are almost identical save that the first applies to marriage and the second to registered partnerships but covering the controversial topic for some member states of same-sex marriage. This second Regulation is referred to below. By and large, the numbering of the Articles and the content is the same. References in this note to the Regulation are to the former unless shown. This note follows the conference on 25th and 26 October 2018 of the Academy of European Law (ERA).
By Lucy Loizou
Date: 22 Oct 2018
As a divorce lawyer (specialising in cases with an international connection), I often see how acrimonious divorces can become with cases ending up in Court, and sometimes taking years to conclude. This can be a stressful time for all involved, emotions often run high and sadly children can often become the pawns in the complex game of chess otherwise known as divorce.
Date: 21 Oct 2018
According to the Federal Authority for Identity and Citizenship, UAE:
Date: 04 Jul 2018
DO go and see a specialist international family lawyer in the country where you reside as soon as possible. The meeting is for information gathering and confidential. You will feel empowered by doing so.
Date: 04 Jul 2018
It can be exciting and romantic to move to a new country for your partner, but a loss of work opportunities and self-esteem can follow. Relationships can become strained and the inequality of your relationship can become even more apparent…
Date: 03 Jan 2018
Civil partnership was introduced into English law by 2004 legislation for same-sex couples. It was then anticipated it would answer the need for same-sex couples to have a civil state registered relationship but short of same-sex marriage. It was treated in law as equivalent of marriage. Within a decade, in 2013 England introduced same-sex marriage. But Civil partnership remained. However it was still limited to same-sex couples. As the same-sex marriage legislation went through Parliament, the government made a commitment to review Civil partnership, admitting that it was discriminatory against heterosexuals. It carried out a review as to whether to open up Civil partnership to heterosexuals or, now we had same-sex marriage, close availability of Civil partnership to any new entrants. The response was generally balanced between these two and the government took the easy approach and did nothing more.
Date: 04 Sep 2017
A new and innovative arbitration scheme has been launched today (4 September 2017) at the 16th Australian Family Lawyers Conference, held in Fiji.
