'LAW WATCH' VIDEO FOR MARCH '25

The sunshine is out. And so is my latest video which, in response to numerous pleas, is shorter than usual.  Save some money by prudent timing as many court - and some tribunal- fees are set to go up.  Extraordinarily, a small number are going down! Legislation to give effect to the ups and downs can be expected to come into force - on 1st April 2025!

The video also summarises residential leasehold changes in the law. Claims by Right to Manage companies become less risky and the qualifying condition for mixed used buildings is altered. Also, qualifying for freehold acquisition and lease extension is now easier. 

Do click below for a shock and have a second click to download the free PDF fact sheet. 

LATEST VIDEO: THOU SHALT MEDIATE - BUT WHEN?

The Court of Appeal has now ruled that parties to civil cases can be compelled to mediate. Just a click away and find out more PLUS the legal position on mediation in family proceedings and changes there in the pipeline. 

Click below. It won't hurt.

THE COMPLETE NEW LAW OF THE WEEK IN 59 SECONDS: Free Video

One minute is a long time to hear about the law and look at me, I know. So I have cut down my latest video to 59 seconds. Domestic abuse cross-examination. Revised civil court forms. Joint divorces. And taking in temporary workers during strikes. I have covered them all. It's fast. It's painless. You have no excuses for ignoring.

NEW DIVORCE LAWS

There have been monumental changes in the divorce laws for England and Wales and they are now all in force. For a full explanation on how they work - with both primary and subordinate legislation covered - treat yourself to my book The Return of Breaking Law. And if you want a free ride or a big taster, take a view of my video (episode 12 - see below) on the subject and enjoy the wallpaper behind me.

NEW LAWS FOR APRIL: WATCH FREE VIDEO

 

There's no catch. Honest. Find out by clicking on the box above all about the legal developments on those topics mentioned.

NEW DIVORCE LAWS: COSTS GUIDANCE ISSUED

As I predicted in my video on the new divorce laws coming into force next week, the President of the High Court's Family Division has issued (just yesterday) guidance on how the courts should approach an application by one party for an order that the other party should pay their costs of proceedings. In fact, the guidance covers not only proceedings for divorce but proceedings for a dissolution of a civil partnership or for separation in marriage and civil partnership where mirror reforms will also come into force on 06 April 2022.

The guidance has a special eye on proceedings that are uncontested and where, because of the legal reforms, the court will no longer be considering the conduct of either party towards the other during their relationship. It makes clear, however, that the conduct of the party being asked to pay the costs of the other party in connection with the actual proceedings, rather than the relationship, may be relevant. This will be particularly so if, for example, the other party has attempted to evade service of court documentation and increased the costs as a result. Raising spurious or unreasonable arguments in proceedings will also be taken into account and could lead to a costs order.

This guidance in no way affects current proceedings or those which are started between now and 06 April 2022. This means, as I have been suggesting, that bringing proceedings under the current laws may well make it more likely that the blameless party will score on costs than under the new laws.

All is explained in my video which you can access by clicking on the video image in one of the posts below. 

NEW DIVORCE LAWS START ON 6 APRIL 2022: VIEW FREE VIDEO

The Divorce, Dissolution and Separation Act 2022 WILL be fully in force on 06 April 2022. It's official. Thank the commencement regulations which have now been made - SI 2022/283.

Bring proceedings now or wait until 06 April 2022. How will the new laws work? For painless answers to these and other questions, click on my free video and settle down for twenty minutes......with a drink. 

NEW DIVORCE LAWS EXPLAINED FOR LAWYERS & NON-LAWYERS ON FREE VIDEO

It is all due to be happening on 06 April 2022. That's when the new divorce laws will come into force. In my free to view video, I explain how they will work and whether anyone after divorce or civil partnership dissolution should bring proceedings under the current law before 06 April or wait for the new laws to arrive. Account is taken of all the relevant legislation as well as the amended practice directions.

LATEST LAW ROUND UP: FREE VIDEO: Service charge ruling, divorce reform, financial remedies and covid - and more!

 

Stay in the know and click on my latest free video on legal developments. It won't bite. Free legal help contact info; where we are with divorce reform; court decisions on the impact of covid on financial orders in matrimonial proceedings; important Court of Appeal rulings on those dreaded service charges; and who picks up the VAT on enforcement agents' charges. 

FINANCIAL REMEDIES : INSIDER'S GUIDE TO THE BEST DEAL

If you are - or might be - involved in a dispute over finances following or in contemplation of divorce, nullity, civil partnership dissolution or separation, then you should watch my video. There's no catch and it's free. Honest. Do yourself a favour!

Incidentally, the new divorce laws are due into operation on 06 April 2022 in England and Wales and I will be keeping you up to date on the important procedural rules that will accompany them, here on this blog. And still no catch.

'LAW WATCH' FREE VIDEOS FROM AUTHOR OF 'RETURN OF BREAKING LAW'

Don't waste your time ordering a box set. You can see my mug - no judicial wig as I have a bit of my own hair - in a series of videos packed with legal tips on a wide variety of legal topics. They are free to watch and are aimed at helping you win your case, whether you already have a lawyer acting for you or are going it alone as a litigant in person. And if they tempt you into buying my latest book for much, much more information, then that would help me with my increased car insurance premium. The book is available from the usual places which do not specialise in pornography and I see that the publishers have a special offer going till the end of next month. Actually, I am tempted to take advantage of it myself!

The first video is about financial remedy applications which determine who gets what of a lot, a little or nothing, when a relationship breaks up. Take a look. Of course, when you've watched it remember to subscribe so you know when I'm next on screen.  

VIDEO: No fault divorce coming soon

The good news is that no fault divorce is coming next year. The bad news is that you have to watch me talk you through how it will work.

NO-FAULT DIVORCE LAWS DELAYED

Implementation of the no-fault divorce laws (see https://www.breakinglaw.co.uk/search/label/divorce) is being delayed. It was intended that they would be up and running this Autumn but the start date has now been put off until 06 April 2022. There is still a possibility that even this date will be put back slightly.  The main reason for the delay appears to be the need to finalise and test the system to allow legal professionals and litigants in person to follow through the new procedures online in the majority of cases. 

Watch this space and for a full explanation of how the new laws will work, do order a copy of the second edition of Breaking Law.

Divorce Law Reforms: VERY LATEST

The Divorce, Dissolution and Separation Bill was passed in Parliament yesterday. It now awaits Royal Assent any time now before it becomes law. But hold on tightly, please. Before you can take advantage of it, regulations about how it will work in practice have to be drawn up and that will be a massive task. My best current bet is that we will have to wait until around this time next year before these regulations have been made and the new law is fully in operation. For the meantime, it's the Blame Game.

For what the Bill is about feast you eyes on https://www.breakinglaw.co.uk/search/label/divorce

No Fault Divorce: the Latest

It's back. The Divorce, Dissolution and Separation Bill. It was murdered by the dissolution of Parliament for the general election but has just been formally reintroduced.

Big deal? It is if you after matrimonial freedom. in England and Wales. You will find my summary of what it is all about by clicking here http://www.breakinglaw.co.uk/search/label/matrimonial%20law

I am expecting the legislation to fly through Parliament. It will not come into force immediately as it will first require detailed rules. I'll update you on the likely implementation date as soon  as I can. * In the meantime, you can go about securing your freedom under the present law which, in the vast majority of cases, should not present an enormous problem.

* I'll eat my Woking Pizza if it is before January 2021. More as and when further information reaches me.

Divorce Reform Blow

The shutting down of Parliament means that the Divorce, Dissolution and Separation Bill which was to introduce 'no fault' divorce (see http://www.breakinglaw.co.uk/search/label/divorce) has been lost. It had passed two readings and its committee stage. It will have to restart its Parliamentary passage if the Government so decrees. 

Divorce Reform Latest

For the story so far, see -

http://www.breakinglaw.co.uk/2019/04/new-divorce-laws-explained-pounce-or.html

The proposed changes to matrimonial law are contained in the swingingly entitled Divorce, Dissolution and Separation Bill which is due to receive its second reading in the Commons next Tuesday 25 June 2019. 

A couple of surprises (to me, at least). Generally, if one of the parties to a marriage or civil partnership states in court papers that the marriage or civil partnership has irretrievably broken down, that will be accepted by the court as conclusive evidence that - it has irretrievably broken down. On the face if it, then, no chance for the other party to defend the case on the basis that, for example, 'She kissed me on the lips this morning and suggested we go on a second honeymoon'. My guess is that this provision will be attacked during the Bill's parliamentary passage.

And there will be the opportunity for the other party to the proceedings to block the finalising of the second decree - we call it the decree absolute at the moment -  so that the court can consider whether any financial provision for that party made by the party after their freedom from the relationship, is reasonable enough. Under the current law, this opportunity exits but only where the divorce or partnership dissolution is going ahead on the basis of separation (two years' with consent or five years even without consent).

I'll keep you posted.

New Divorce Laws Explained: Pounce or Wait?

The government has just announced its divorce law reforms. If you are hoping to take advantage of them, you will need to be patient. Parliamentary time has to be found for the bill when it is ready. The bill is likely to sail through Parliament (yes, I know they said that about Brexit) but could not be implemented until procedural rules had been drawn up which will be complicated. It could be two years (or more or less!) before the changes are in force. So, don't book the priest (incidentally, the Fleabag cleric is not available) for your remarriage quite yet. Of course, you could always take advantage of the present laws if you can establish one of the five factors which would lead to your freedom - your spouse's adultery, unreasonable behaviour, or desertion which has lasted for at least two years, or a period of separation which has lasted for at least two years if your spouse agrees to  divorce or at least five years if your spouse does not agree or you cannot find them. Divorce on the basis of five years apart will hardly ever be denied whatever the stance of the other party.

Over to the reforms, then. No divorce or civil partnership dissolution until at least one year has elapsed since the ceremony. Then you will be able to go for freedom by lodging a statement with the court confirming that the relationship has irretrievably broken down. You won't have to rely on any of the existing grounds. Just irretrievable breakdown. The statement can come in from you alone or jointly from you and your spouse. Once at least 20 weeks have elapsed from lodging the statement, you will be able to apply for the first decree (it's called the decree nisi in divorce now but its name will change) and then, after at least a further six weeks, you will be able to apply for the second and final decree (it's called the decree absolute now but, again, its name will change). Don't imagine that it will all be over and done with at the end of the 26 weeks. These will be minimum periods and documentation will have to be processed by the court. Nothing will be automatic. It will be down to you to ask for each of those two decrees.

The court will have power to expedite the second decree. It may also be given power to expedite the first decree. It could be given the power to hold up the second decree where financial matters have not yet been resolved.

Cases will almost invariably be dealt with 'on paper' without any personal attendance at court except in respect of any financial applications or child welfare disputes. The present scheme for online divorce etc which is not yet in full flow will have to be adapted to cater for the new procedure. Don't hold your breath!

The nullity law is untouched. It will continue to be possible to ask for a separation decree instead of a divorce  - even within the first year -but, in that event, it would not be necessary to show that the relationship had irretrievably broken down. The court can make lots of financial orders where just separation has been granted.

You will find a great deal of material on the present divorce and other matrimonial law and on how to bring and counter financial applications in my book Breaking Law. Have a read but I'm afraid you will have to buy a copy. Well, not too afraid!

Happy times.

Nullity Decree in Ground Breaking Nikah Case

No marriage ceremony recognised by the law of England and Wales means no divorce or nullity decree here. And no divorce or nullity decree means that, when the relationship breaks down and the parties separate, neither can ask the court to make the same kinds of orders for maintenance, transfer of property, payment of lump sums of money and sharing of pensions as it can make when there is a divorce of nullity decree. Tough!

But in a recent watershed decision of the High Court, * the 'wife' who had gone through just an Islamic religious Nikah ceremony without the usual civil marriage ceremony to follow it, was granted a nullity decree. This will now enable her to seek financial orders against the 'husband' which would otherwise have been denied to her. 

Both parties had undertaken the religious ceremony in Dubai and after it they considered themselves to be married to each other and held themselves out to the world at large as husband and wife. They  were treated as validly married in the United Arab Emirates while there and were together for 18 years during which time they had four children. The failure to go through with a civil ceremony, held the judge, was entirely due to the ‘husband’s’ refusal to arrange it and the ‘wife’ had frequently sought to persuade the ‘husband’ to do so.

Nullity is provided for by section 11 of the Matrimonial Causes Act 1973 where certain requirements of the Marriage Act 1949 have not been complied with. The ceremony in question must be of a kind contemplated by section 11. Was it in this case? The judge ruled that the court has to consider this on a case by case basis and  should be able to take a holistic view of a process rather than a single ceremony. Among the particularly relevant factors were whether the ceremony purported to be a lawful marriage; whether it bore all or enough of the hallmarks of marriage; whether the three key participants (most especially the officiating official) believed, intended and understood the ceremony as giving rise to the status of lawful marriage; and whether the failure to complete all the legal formalities was a joint decision or due the the failure of one party to complete them. 

The judge concluded that the ceremony was a marriage within section 11 and entered into in disregard of certain requirements as to the formation of marriage (see s11(a)(iii) of the Matrimonial Causes Act 1973) which made it void. The wife was entitled to a nullity decree.

The decision is likely to lead to many other parties to religious only marriage ceremonies applying for a nullity decree. Not every one of them will succeed but many probably will.

Plenty more on divorce, nullity and other aspects of family law in my book Breaking Law.

*  A v K and another [2018] EWFC 54

Divorce on 'Unreasonable Behaviour'. Post-Owens, Where Are We?

Unless you've been imprisoned on a beach without access to any media since last week, you will know that Mrs Owens failed to persuade the Supreme Court to grant her a divorce. Mrs Owens? Yes, see http://www.breakinglaw.co.uk/2017/08/will-wife-gain-freedom-from-marriage.html 

But what does it all mean? Sooner or later the divorce  laws will almost certainly be changed by Parliament to make it clear that blame will not directly or indirectly feature in the divorce grounds. For the time being, it will only be in a toeful of cases each year that the Owens case will have any impact. Other cases will sail through as undefended and almost all of the defended cases will lead to a divorce being granted. Where there might potentially be  a problem (as in the Owens case) is with  a divorce petition which is based on what we call 'unreasonable behaviour' with the other party defending on the basis that they did not do what has been alleged against them or that what they did was not 'unreasonable behaviour'. 

What the Supreme Court stressed is that 'unreasonable behaviour' is a misdescription of the divorce ground. What has to be unreasonable is not the other party's behaviour but the expectation that the petitioner should have to continue living with them. And while the court has to be satisfied that the marriage (or civil partnership) has irretrievably broken down it matters not that such breakdown is attributable to some factor other than the other party' s behaviour.

One of the problems in the Owens case is that the judge at the original hearing when the wife was refused a divorce heard only a few of the wife's 27 allegations about the husband's conduct. Just one day had been allocated to the hearing. The wife had suggested a half day and the husband three days. The lesson to be learnt from the case is that where the other party is defending a 'behaviour' petition then the petitioner should not be economical in the number of allegations they are making and should ensure that the court allows enough time for a sufficient number of those allegations to be ventilated. The petitioner can start off with fewer allegations but add to them later if the other party resists the divorce petition. Making too many allegations at the start can provoke contention that might otherwise have been avoided.