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Businessman wins appeal against divorce finance order based on corporate assets
A successful businessman has successfully appealed against a divorce finance order which included the assets of a company in which he was the major shareholder. He disputed the conclusion of Her Honour Judge Ingram that he was the true owner of assets. The husband disputed this, saying it was: “…contrary to the weight of evidence which he had adduced [entered... more >
Mother of one sibling not entitled to parental status in life of other sibling, High Court insists
The High Court has rejected a woman’s bid for a role in the life of a child born through surrogacy who is a sibling of her own child. The case concerned two children born as a result of separate surrogacy arrangements. The father of both was referred to in the judgement as ‘B’. In 2017 he met a woman referred... more >
Income wholly generated after separation ‘not available for sharing in divorce’
Income generated by an existing business after a couple separate may not be available for division between divorcing spouses, a family court judge has confirmed. In CG v SG, an estranged couple were involved in contested financial remedy proceedings. Subsequent to the couple’s separation in October 2020, the husband had purchased a substantial number of shares and also made a... more >
Adverse findings in Children Act proceedings can trigger costs awards
If a family court makes adverse findings about a party involved in a child arrangements dispute, that party may be required to pay the other party’s legal costs. This is demonstrated by a recent case concerning a girl referred to as ‘C’, who was aged six at the time of the proceedings. Her parents have been engaged in a prolonged... more >
Abuse judgement lacked vital detail, Court of Appeal rules
A Family Court Judge gave insufficient reasons for findings of abuse made against a teenager and his mother, the Court of Appeal has ruled. The case concerned ‘findings of fact’ made against a 19-year-old, referred to as ‘S’, and his mother earlier this year, in care proceedings brought by their local authority. A ‘finding of fact’ is made in a... more >
Law Commission’s report into digital assets
The Law Commission has published a detailed review of the law concerning digital assets such as a crypto-currencies and non-fungible tokens (NFTs). Digital assets are no longer technical curiosities; awareness has grown exponentially in recent decades and both are now used for multiple purposes, including payment and financial investment and continue to develop rapidly. Conscious of the fast-moving nature of... more >