Category Archives: Family

Mind the Gap: Preliminary Thoughts on the Cohabitation Reform Consultation

The Ministry of Justice has today released its long-anticipated consultation paper on family law and cohabitation reform. As a practitioner whose daily life is spent dealing with the fallout from broken relationships and disputed estates, my immediate reaction is enthusiastic welcome for the broad spirit of the proposed reform but tempered by anxiety driven by […]

Just Deserts? Unjust Enrichment in the Family Context

 In the aftermath of many family relationship breakdowns, second only to complaints about bad behaviour, a pervasive sentiment arises: one party believes they have invested or contributed disproportionately to the family economy, family assets or businesses, leading to perceived unfairness. Whilst statute provides a framework within which such considerations can be evaluated and reflected in […]

Letting the cat out of the bag? What are the implications of Haley v Haley for the arbitration of TOLATA disputes, 1975 Act claims and Schedule 1 matters?

The decision of the Court of Appeal last week in Haley v Haley [2020] EWCA Civ 1369 represents a fundamental shift in the approach to be taken to challenges to financial remedy arbitration awards, made upon divorce or dissolution of civil partnerships pursuant to the provisions of the Matrimonial Causes Act 1973 (“MCA 1973”) (or […]

Posthumously proving paternity: can the courts direct DNA testing after death?

Photo credit: Composite – Reuters/Corbis/Getty The subject of posthumous DNA testing received international attention last year in the case of Salvador Dalí and we have had two decisions this month on the issue from the courts of England and Wales: Anderson v Spencer [2018] EWCA Civ 100, in which the Court of Appeal upheld the High Court’s […]