header-logo header-logo

02 October 2014
Issue: 7624 / Categories: Case law , Judicial line
printer mail-detail

Children in divorce

The statement of arrangements for children in matrimonial proceedings, and the requirement for the court to give a certificate of satisfaction or otherwise, in relation to those arrangements, have now been scrapped. I also see that the petition guidance notes state that details of the children no longer have to be pleaded and that any details given are only for statistical purposes. Does this mean that the court has absolutely no interest at decree nisi stage in what is happening to the children, no matter how concerned it may be about certain material apparent to it? Further, what happens if there is a dispute about whether or not a child is a child of the family and there is to be a financial remedy application in which this could be relevant? Does the issue have to be determined as part of the financial remedy application?

The Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 no longer contain any provision requiring the court, when certifying or making a decree nisi, to consider whether its powers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll