Mortlake Law and Mediation

It is tempting to sub-sell interests in a property to your spouse to avoid paying Stamp Duty Land Tax (SDLT). However, such a scheme could, in fact, backfire and result in a higher consideration being paid, as demonstrated in this case.

A sub-sale scheme between husband and wife may actually increase the consideration due to HMRC - Mortlake Law It is tempting to sub-sell interests in a property to your spouse to avoid paying Stamp Duty Land Tax (SDLT). However, such a scheme could, in fact, backfire and result in a higher consideration being

The High Court (HC) recently heard an appeal against a Family Court Order (FCO) permitting a mother to relocate with her child.

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The High Court was faced with this very unusual question when a mother did not seek to sequester the father’s property to pay the money she was owed, but rather to fund the costs of her litigation in the United Arab Emirates (UAE), following the abduction of her daughter and the failure of the father to comply with the return orders issued.

429 Too Many Requests

Even though this judgement is from a lower English court, and therefore not binding, it shows clearly how embedded the obligation to mediate is becoming in the UK, even in the absence of legislative obligations such as those that exist in Ireland. The Churchill case has obviously contributed significantly to this, but it is interesting how broadly that decision appears to be being interpreted.

Why you should consider mediation before litigating. - Mortlake Law Barny over a Barn In June, an English court tackled the refusal by the (ultimately successful) defendants not to engage in mediation, with painful results for those defendants. (Conway v Conway

The High Court heard an appeal against interim orders, one of which dispense with Financial Dispute Resolution (FDR) and proceed straight to a final hearing.

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Financial provision after an overseas divorce is regulated under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). For the dissolution of a civil partnership, the financial provisions may be found under Sch 7 to the Civil Partnership Act 2004 (CPA 2004). If the spouses or civil partners have a connection with England and Wales, they may be able to access financial remedies in this country if the Court considers it appropriate to make such an order. Moreover, the overseas divorce or dissolution must be recognised as valid in England and Wales.

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The High Court rejected a father’s request for a non-therapeutic circumcision of his son who is subject to a care order.

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The question is often raised as to whether a step-parent living with their partner's child can acquire parental responsibility and, if so, how. The law is clear that a step-parent who is either married to, or else is the civil partner of a parent of a child who has parental responsibility may apply for an order for parental responsibility or enter into a parental responsibility agreement (PRA). According to the explanatory notes to the Adoption and Children Act 2002 (ACA 2002), itself an amendment of the Children Act 1989 via the inclusion of Section 4A(1), such a possibility has been included to offer an alternative to adoption. The main advantages for the child are that such a process does not remove parental responsibility from the other birth parent and the child is not legally separate from membership of the family of their birth parent. They also are entitled to inherit from their other birth parent, which is not the case if they are adopted and the will is not clear as demonstrated in Coulson v Paul [2024].

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The High Court quashed a lower court decision due to serious procedural errors and the perception of potential harm to the children.

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The High Court was faced with the delicate question of whether parental consent was sufficient for the treatment and restraint of a 12-year-old suffering from severe anorexia nervosa.

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This was the overarching question at the heart of the decision in Armeniakou vs Thomson, whereby the High Court was asked to apply a worldwide freeing order relating to substantial cryptocurrency assets in aid of proceedings about to be commenced in Greece. The dispute arose from a matrimonial ancillary relief proceeding under Section 25 of the Civil Jurisdiction and Judgments Act 1982.

Crypto assets: Can I ensure my ex-partner does not sell them before the divorce is finalised? - Mortlake Law This was the overarching question at the heart of the decision in Armeniakou vs Thomson, whereby the High Court was asked to apply a worldwide freeing order relating to substantial cryptocurrency

The High Court considered the scope of the ‘intolerable situation’ that it must consider under Article 13(b) of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention).

What is an ‘intolerable situation’ as defined under Article 13(b) of the Hague Convention? - Mortlake Law The High Court considered the scope of the ‘intolerable situation’ that it must consider under Article 13(b) of the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

The High Court concluded that family proceedings cannot be used to influence the Home Office in making a decision, even if it is in the best interest of the child. Clarifying a child’s immigration status should also be done at the earliest opportunity and should not be postponed, as happened in this case.

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The Court of Appeal (CoA) confirmed a High Court decision that a s***m donor can be the legal father of a child. ***mdonor

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There is no denying that divorce is tough. It's full of big decisions and strong feelings. One of the hardest parts is figuring out what to do with your house. This guide will help you understand your options and how to navigate selling a property while going through a divorce.

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The question of whether the local authority (LA) can proceed with the adoption of a child without notifying the extended family lies at the heart of the case of CB. Having reviewed all the circumstances and facts, the High Court made it clear that, in this case, the anonymity of the mother outweighs the need to disclose the birth to the extended family.

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