It is only right that assets built up during a long marriage to which husband and wife have contributed equally should be shared 50:50 in the event of divorce – but does that apply to income generated after the marriage ends? In a guideline ruling,
Those who lack the mental capacity to make important decisions for themselves still have the right to express their wishes and feelings if they are able to do so – and judges must listen to them. The Court of Appeal powerfully made that point in
There can be few greater shocks to any child than discovering that their real father is not the same man who they love as a parent. In a guideline case, the High Court had to balance concerns about the impact such a revelation might have
One of the most anxious tasks performed by the family courts is to decide whether injuries suffered by children are non-accidental. The lengths to which they will go to uncover the truth were underlined by a case in which a baby boy was taken to
Large family fortunes are commonly held in complicated trust structures and that can give rise to difficulties in the event of divorce. However, a big money case in which a wife was awarded a seven-figure sum showed that family judges are more than capable of
With the other side of the world only a day’s flying time away, personal relationships are no longer constrained by distance and that can pose a particular challenge for family judges. A case on point concerned a 10-year-old boy at the centre of a trans-global
The quality and perceived generosity of English family judges has made this country one of the world’s most popular forums for divorce. However, as a High Court ruling in a big money case showed, the jurisdictional hurdles that foreign nationals must leap before ending their
It is sadly common for wealthy people to exhibit extreme reluctance to disclose their assets if their marriages end in divorce. However, as a case concerning a husband worth more than £300 million showed, family judges have all the powers they need to punish those
It is a very sad fact that those who suffer from mental disabilities may lack the legal capacity to get married or to make a will. However, in a guideline decision which emphasised the right to personal autonomy, the High Court found that a man
Most people feel a moral obligation to care for elderly relatives, but a legal duty to do so only arises where they lack the mental capacity to make decisions for themselves. The Court of Appeal made that point in quashing the conviction of a woman
