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divorce

Of Dogs and Divorce

Of Dogs and Divorce

Of dogs and divorce: why treating pets as chattels is an anachronism. This is Ernest, our beloved English bull terrier. According to English law he has the same status as the chaise longue upon which he is performing his Kate Winslet impersonation. How can this be right? How can he

When the Wife Becomes a Widow: The Effect of Death on Financial Provision Claims

When the Wife Becomes a Widow: The Effect of Death on Financial Provision Claims

‘In this world, nothing can be certain except death and taxes.’ So Benjamin Franklin is said to have written to Jean-Baptiste Le Roy. Taxes and their impact are usually closer to the front of the minds of those going through divorce or a dissolution of a civil partnership, but occasionally

The Lord Chancellor v 79 Divorced Couples: A Pirate’s Tale

The Lord Chancellor v 79 Divorced Couples: A Pirate’s Tale

At the end of term, the High Court handed down judgment in a challenging case, whose solution lay in the application of a much-forgotten 53-year-old judgment of the ‘pirate-like’ Sir Jocelyn Simon P to seemingly irresolvable issues caused by errors in the digitalisation of the divorce process. Digitalisation Taking a

A Divorced Christmas Carol: A Story of Reflection and Change

A Divorced Christmas Carol: A Story of Reflection and Change

A reworking of a well-known classic Carol’s marriage was dead. You will therefore permit me to repeat, emphatically, that Carol’s marriage was as dead as a door-nail. Carol lay awake in bed alone on a chilly December night, staring up at the dark ceiling, feeling the weight of

Hemain Injunctions: How to Get Them and When not to Resist Them

Hemain Injunctions: How to Get Them and When not to Resist Them

Part one: the preliminaries I remember vividly the very first time I made an application for a Hemain injunction. The application, made in the Central Family Court, was on behalf of a party seeking an English divorce in circumstances where the other party, who had issued proceedings elsewhere, had applied

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

Executive summary There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance

Shariah Law – Marriage, Divorce and Financial Aspects

Shariah Law – Marriage, Divorce and Financial Aspects

Introduction This article focuses on the different types of Islamic/Shariah divorce, the overlap with civil law and the relevant financial implications. Many Muslim clients experience marital breakdown in this jurisdiction, so it is useful to gain a better understanding of the issues they face and the holistic advice that