Divorce reform: Is the end in sight by Graham Coy

This morning, “The Times”, reported that the Justice Secretary, David Gaulke, has accepted that the current divorce law based largely on “fault” needs to be replaced.

His plans, apparently, are to introduce a Bill before Parliament sometime after May this year to introduce “no-fault divorce”.

Stowe Family Law along with many other solicitors, barristers, judges and others have been campaigning for a long time for the government to replace the current law which is based on an Act of Parliament introduced in 1969.

Many other countries including Scotland, most countries in mainland Europe and most states in North America already have a system which does not require one person to blame another before they can get divorced.

Currently, there are about 110,000 divorces each year in England and Wales and in 60% of those, one person relies either upon adultery or behaviour.

There is nearly universal acceptance that this does not help couples sort things out between them, issues concerning their children and issues about their finances, and does enormous harm to a relationship that has already broken down.

The paper reports David Gaulke as saying that the current law “needlessly rakes up the past to justify the legal ending of a relationship that is no longer a beneficial and functioning one. Where a marriage has irretrievably broken down, the law should not frustrate achieving better outcomes, especially for children.”

Sir Paul Coleridge, a former High Court Judge of the Family Division, and now Chairman of the Marriage Foundation, also welcomed this development saying that no-fault divorce “stops divorce being a sterile blame game and allows people to make the most important decision in their lives in a right and considered way.”

As the largest specialist family law firm in the country, Stowe Family Law welcomes this development and hopes that legislation will be introduced as early as possible and that Parliament will give its approval as quickly as possible. It should attract all parties support.

Reform is desperately overdue and politicians of all parties need to ensure that reform isn’t delayed any longer.

Graham Coy
8 February 2019

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Author: Graham Coy

Husband fails in lump sum claim centred on trust funds

“I perfectly understand, and, indeed, have some sympathy with, the frustration that one party of no, or only relatively modest means must feel when he or she is aware that there is great wealth on the other side of the family, but is unable to tap into it even for the purpose of buying a home.  But this tragic and destructive case should stand as a cautionary tale to those who would embark on expensive litigation which they can ill afford in the hope of prising money from a discretionary trust.  A very careful and cool appraisal needs to be made at the very outset as to how realistic a prospect that really is.”

That quote, from early in the judgment of Mr Justice Holman in the case Daga v Bangur, really encapsulates all I want to say in this post. I think Mr Justice Holman’s point actually applies far more widely than just to cases involving discretionary trusts (i.e. trusts where the trustees have a discretion as to which beneficiaries receive money from the trust fund, how much they receive, and when). It applies to all financial claims on divorce: no matter how strongly you feel about the matter, think carefully about whether your claim is likely to succeed, before rushing off to court.

OK, I suppose I should say just a little bit more about this case. It concerned a husband’s claim for a lump sum payment, or other capital provision, from the wife. At the outset of the hearing before Mr Justice Holman the claim was for a lump sum of £2.5 million, but by the time of his closing submissions, his counsel had moderated that claim to one of the order of £1-1.5 million. The focus or target of the husband’s claim was two discretionary trust funds of which the wife is a beneficiary, and which have combined assets of the equivalent of about £17.5 million sterling. The husband, on the other hand, had debts of about £72,000 (he had savings of about £150,000 at the time of the separation, but they were spent on legal costs), and pension funds of around £220,000.

The parties were married in 2007, and have one child. The marriage broke down in 2016, and the husband issued divorce proceedings in October of that year.

And why did the husband’s claim fail? Quite simply, because Mr Justice Holman found that the trust funds were not an available resource in reliance upon which any award could be made. Further to this, the husband did not demonstrate a need for any substantial capital payment (although for the purpose of this post I will concentrate on the first point, regarding the trusts).

As I said, the two trusts are discretionary, the beneficiaries being members of the wife’s family. Mr Justice Holman found that whatever order he may make, the trustees were highly unlikely to make funds available to benefit the husband. Accordingly, he could not make an order in reliance upon the funds in the trusts, and to treat the wife as having about £20 million plus “available” to her, as the husband’s counsel did, was “frankly, fanciful.”

In the circumstances, the husband’s claims against the wife (and, indeed, the wife’s claims against the husband) were dismissed. In other words, there would be a complete clean break.

But that was not of course the full extent of the matter. As Mr Justice Holman also stated early in his judgment:

“How tragic it is that … the parties have spent or incurred between them over £1 million on legal costs.  Of that figure about £380,000 related to litigation about their son.  But almost £650,000 has been spent litigating over finance.  £650,000 could have made a very large contribution to the purchase cost of the sort of flat the husband now aspires to buy.  As it is, the savings of around £150,000 which the husband had accumulated during the course of the marriage by the time of separation have been wiped out, and each party now has considerable debts.  There are now in this case no liquid matrimonial assets nor any “acquest” at all, but only large debts.”

Ouch. As I said: always think very carefully before you rush off to court.

You can read Mr Justice Holman’s full judgment here.

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Author: John Bolch

A week in family law: reform, legal aid, twitter and the B-word

I was one of the relatively early adopters of Twitter, joining in May 2008. Back then there were very few lawyers using the platform, and most of those that did, including myself, did not take it seriously. We certainly would never have imagined that a High Court judge would have used the platform as a tool in a family law case. But that is what has happened. Mr Justice Williams has used Twitter to urge a mother who vanished with her three-year-old son to return home. Ellie Yarrow-Sanders disappeared with Olly Sheridan in July, after becoming involved in family court litigation with Olly’s father, Patrick Sheridan. It is believed to be the first time a judge has used Twitter in this way. Mr Justice Williams said that he was gravely concerned that a child had been missing for so long and made an appeal directly to Ellie to bring him back, promising to deal with her case fairly. Let us hope the appeal does the trick, and that Olly is returned.

New research published yesterday by the Nuffield Foundation reinforces the case for reform of the overly complex divorce system in England and Wales. The research found that the current system can fuel conflict and disadvantages people who represent themselves, and those alleging abuse as grounds for divorce. It recommended that the proposed notification period of six months should begin before decree nisi, to avoid people being subject to unpredictable variations in processing times; that the ability to defend a divorce should be removed; and that the significant minority (14%) of cases in which one party does not respond to the divorce petition needs to be addressed. The research was undertaken by Professor Liz Trinder at the University of Exeter, who said: “This new research reinforces the case for divorce law reform along the lines proposed by the Ministry of Justice. The current system is complex, confusing and creates unnecessary conflict. The proposal to allow divorce only after a ‘cooling off’ period will help families focus on the future, not on an unhelpful ‘blame game’. Our new research also finds that the Ministry of Justice is right to propose removing the outdated right to defend a divorce.”

And it looks like those calling for no-fault divorce are going to get their wish. Just today the news broke that the Lord Chancellor, David Gauke, has confirmed that he will introduce legislation enacting the reform in the next session of parliament. Let us just hope they do not make a mess of it this time around, as they did with the ill-fated Family Law Act 1996.

Moving on, the Government has published its long-awaited review of the effects of the legal aid cuts introduced in 2013 by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’). Unsurprisingly, the review concedes that LASPO was “not entirely successful at discouraging unnecessary and adversarial litigation at public expense”, and that there is “limited quantitative evidence to demonstrate” that money saved by cutting legal aid simply transferred costs to other departments. Ouch. To deal with the problems caused by LASPO the government has announced a ‘Legal Support Action Plan’, including “An investment of up to £5 million in developing innovative technologies and testing new methods of delivering support”. An additional £3 million will also be invested over the next two years to support those representing themselves through the court system. Legal aid will also be restored for a few limited cases involving children. Considering that LASPO reduced annual spending on legal aid by at least £350 million, this money is just a drop in the ocean. Undaunted, Justice Minister Lucy Frazer, said: “Legal aid will continue to play an important role and we are committed to ensuring people can access the help they need into the future. However, in seeking to bolster legal aid as a key part of helping people with a diverse range of problems, we are clear that there is much to do aside from legal aid, so we are emphasising the need for new technologies and new ideas to catch people early, before their problems escalate to the courtroom.”

And finally, dare I mention the B-word? Yes, Brexit has cropped up again in the family law news headlines. Twice. First of all, Resolution, the association of family lawyers, and The Law Society issued a joint note for family lawyers in England and Wales, with recommendations in the event of no-deal in relation to Brexit on areas of family law including divorce, maintenance and children proceedings, which you can find here. Secondly, and similarly, the Ministry of Justice and the Foreign & Commonwealth Office published guidance on what to do if the UK leaves the EU without a deal on the 29th of March and you are involved in a family law dispute (including divorce and child maintenance) with someone living in the EU. You can find that guidance here. So, whether you are a family lawyer or just someone unfortunate enough to be involved in a family law dispute, at least you will know what to do should we have a no-deal Brexit. Which may be more than you can say for our politicians…

Have a good weekend.

The post A week in family law: reform, legal aid, twitter and the B-word appeared first on Stowe Family Law.


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Author: John Bolch

Burghausen

Burghausen castle

The longest castle in the world

On my first visit to the Louvre, I was astounded by the amount of stuff there was to see—everything from da Vinci to Dührer to ancient Egyptian papyri. The collection is simply huge—the museum displays around 29,000 works of art in its endless halls. If you were able to stand in front of every object in the museum for only twenty seconds it would still take a full week, day and night. Not surprisingly, the “container” for all this stuff—the former Louvre palace—is gigantic as well. From its origin as a fortress during the reign of Philippe Auguste in 1190, to its present state today, successive governments and royal regimes have modified and beautified and expanded it along the length of the Seine into what it is now: a very large frame for the Mona Lisa.

After walking what seemed like miles past more Madonnas and children than I ever hoped to see, I had to keep reminding myself that there is a castle in Europe that is even longer than the Louvre. At age 16, I visited this castle while I was at a summer language camp in Bavaria. On one of our field trips, we went to Burghausen castle, 68 miles (110km) east of Munich, and 31 miles (50km) north of Salzburg. At the time, being a naive North American kid, castles and centuries-old European culture were still a novelty, and Burghausen made a huge impression on me. Heavy rain could not dampen my delight in visiting this imposing fortress, even though for my European friends it was just another castle. I was particularly wowed by its history, its size, and the fact that Napoleon had once stayed there.

The Long and the Short

Burghausen may not have the high profile of the Louvre, or even of other Bavarian castles (Neuschwanstein springs to mind), but it does have a long and complex history. It was built on a ridge overlooking the Salzach river, in an area that was once the site of a Celtic settlement (around 100 BCE), and was then occupied by the Romans before becoming a power center for various Bavarian aristocratic dynasties. The longest-lived of these dynasties, the Dukes of the Wittelsbach family, ruled Bavaria from 1180 until 1918 CE. During their reign, the castle was built up in stages (as was the Louvre), beginning in 1255 and continuing until around 1480–1490. In its finished state, the castle had six linked courtyards, and ran for over a kilometer along the ridge, making it the longest castle in the world.

In more recent history, Napoleon made use of Burghausen’s strategic position on the banks of the Salzach during his campaign against the Austro-Hungarian Empire. From April 28 to May 2, 1809, the one-time Emperor of France quartered his 100,000 troops and their horses in the area while a pontoon bridge was built to replace the one destroyed by the Austrian troops across the river. Despite the inconvenience of having tens of thousands of soldiers hanging around the town, this visit put Burghausen on the map for a time, and its local newspaper proudly declared: “We are the center of Europe: Napoleon stayed inside our walls.”

Modern Burghausen

Besides its fascinating history, Burghausen is a wonderful place to visit for its modern incarnation as well. The Altstadt (“old town”) at the base of the fortress is extremely charming, filled with colorful row houses along the river, and narrow pedestrian-only streets replete with cozy shops. Every March the town hosts International Jazz Week, featuring world-class jazz musicians, and in July it celebrates a festival recreating 16th century life in the town and castle.

Another interesting aspect of Burghausen is its location right on the border with Austria. When I visited, I found it fascinating that I could to travel to another country by simply walking across a bridge from the town center over the Salzach river into Austria. It was a much shorter walk than a stroll through even one of the galleries of the Louvre.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on June 21, 2003, and again in a slightly revised form on November 6, 2004.

Image credit: Pixabay


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Author: Morgen Jahnke

International Winter Bike to Work Day

Winter Cyclists on Bow River Pathway

Every year, the second Friday in February is International Winter Bike to Work Day. Cycling on snow and ice is, of course, a wee bit more treacherous than on dry roads, but it can be done—and many people do it. If you commute by bike only in the summer, today’s the perfect day to challenge yourself and find the best way to bike in winter, too (assuming the temperature is somewhere north of –40°). Of course, here in San Diego, commuting by bike is a year-round activity since there’s never any snow or ice…and for those of us who work at home the whole notion of commuting is moot anyway. But I’ll cheer on the rest of you!

Image credit: Bike Calgary [CC BY-SA 2.0], via Flickr


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Author: Joe Kissell

Gluten Free Pancit Bihon Recipe — Filipino Rice Noodle Stir Fry

My friend Juli, of cooking blog Pandemonium Noshery, who previously shared her recipe for curried carrot soup with us, taught me about this dish called pancit bihon. I was lucky enough that I got to have her make it for me one time when she visited my house, and it was very tasty. As Juli writes, it is quite versatile and easy, which meant that when I was looking through my fridge today for


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Author: Penniless Parenting

7 Ways Being Treated for Alcohol Addiction Makes You a Better Parent

7 Ways Being Treated for Alcohol Addiction Makes You a Better Parent

I enjoy an alcoholic drink now and then. But for some people, alcohol is a problem, something that they are addicted to, and it wrecks your life. Here’s some thoughts from a reader on why it is imperative to get treated for your alcohol addiction especially when you’re a parent.

Dealing with an alcohol addiction can be


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Author: Penniless Parenting

Bakelite

A Bakelite telephone

The Plastic Age

In the autumn of 2000 I went on honeymoon to Somerset—a beautiful rural region in the south-west of Britain. Unfortunately, our trip coincided with widespread fuel blockades, and many petrol stations had run dry. We had enough fuel to drive to Somerset, and enough to get back, but very little to spare for travelling around during our stay. This didn’t bother us too much (we were planning to do a lot of walking anyway), but when the weather was bad it presented a bit of a challenge. On one particularly drizzly day, we found a flyer for the Bakelite Museum. I think that the unspoken thought in both of our minds was, “It will probably be a bit boring, but at least it will be dry.” As it turned out, we were utterly wrong about the appeal of Bakelite: it’s fascinating stuff.

Great Balls of Fire

Around the turn of the 19th century, some plastics were already in use. Early plastics were not wholly synthetic, even though that’s how we think of plastics today. Instead, they were formed from a mixture of synthetic and organic compounds. The realisation that natural materials like ivory, horn, and tortoiseshell were becoming scarce because of over-exploitation prompted chemists to search for synthetic alternatives. Cellulose nitrate (more commonly known as celluloid) was the first commercially successful product, and was developed by the British inventor Alexander Parkes. Produced by reacting cellulose (the organic part derived from plant cell walls) with nitric acid (the synthetic component), celluloid was a very adaptable material. It was thermoplastic, meaning that it could be moulded into almost any shape with the application of heat and pressure. It could also be coloured with dyes and pigments so that the products did not need to be painted, and had a tough, durable finish. Celluloid was soon being used to replace ivory in objects like billiard balls, but there was one big drawback; celluloid is highly flammable and sometimes explosive. An enthusiastic break in billiards sometimes resulted in exploding balls—something that in my opinion would considerably improve its appeal as a spectator sport today. Early celluloid cinematographic film also had the tendency to burst into flames, burning down cinemas and causing problems even today for the conservation of early films. This also meant that celluloid was useless as an electrical insulator, something that was becoming increasingly sought after as the early electrical industries flourished.

The compound used for electrical insulation at the time was shellac. This was a lacquer manufactured from the resin secreted by a small south-east Asian insect, Laccifer lacca. It was a labour-intensive and expensive process, requiring around 300,000 insects to produce 1 kg (about 2.2 lb) of shellac. With the new electrical industries booming, supply was not keeping up with demand. Chemists around the world began to see that anyone who developed a synthetic substitute for shellac would become very rich.

Promising Goo

Leo Baekeland (1863–1944) was a Belgian inventor who emigrated to the United States in 1889. He had developed (pardon the pun) a photographic paper called Velox which could be exposed using artificial light rather than sunlight, giving photographers much greater control over the process. He sold the full rights to Velox to George Eastman of the Kodak corporation in 1899 for a staggering US$1 million, and used the money to set up a laboratory in Yonkers, New York. There, he worked on the “synthetic shellac” problem. He had an idea that the reaction between phenol (derived from coal tar) and formaldehyde might be promising. The German chemist Adolf von Baeyer had already noted that such reactions resulted in a sticky substance that he dismissively called Schmiere (“goo”). Von Baeyer’s interest was in dyes rather than insulators (he won the Nobel Prize for Chemistry in 1905 for his synthesis of indigo), but Baekeland saw the potential of the “goo.” He experimented with different combinations of the raw products subjected to heat and pressure in an iron pressure cooker he invented called a ‘bakelizer,’ and finally found the magic combination in 1907.

The Magic Plastic Bullet

Bakelite turned out to be extraordinarily versatile. It was a thermosetting plastic, which meant that once heat and pressure had been applied to mould the material into a particular form, it could not be reversed. It would not burn or melt (which made it a great insulator), nor could it be readily dissolved with the common solvents or acids of the time. If ‘fillers’ like fine sawdust or other fibres were mixed in before the mixture was set, the resulting Bakelite could be as strong as wood or even steel. It could be moulded or carved into almost any shape. Early Bakelite made with phenol tended to be dark brown or black, but a later process combining urea and formaldehyde produced a colourless resin which could be dyed with bright colours. The colourful age of plastics had begun.

The Age of Design

Bakelite enabled a new era of mass production. The moulding process meant that—while the initial investment in making the mould was very high—each item produced in the mould could be made relatively cheaply. The maximum return on the investment could be gained by producing as many items from the same mould as possible. At the same time, design became an important element in the marketing of products. The products were cheaper and the appearance of an item became as important in convincing customers to part with their money as its function. The Art Deco style of the 1920s and 1930s, with its sweeping curves and bold, geometric designs, was perfect for Bakelite. Almost anything that you can imagine being made of plastic today would have been available in Bakelite, but radios, telephones, clocks, jewellery, kitchen utensils, cameras, combs, and brushes were particularly popular. The new, colourful, glossy materials developed in symbiosis with the Art Deco style to form a confidently modern style, quite different from anything that had been seen before.

Bakelite was eventually superseded by newer plastics which were less brittle and cheaper to produce, but you can still find Bakelite items in many places today. Wandering around the Bakelite Museum was like seeing the distilled essence of five decades. The museum was packed with household objects of every kind from Bakelite condiment sets to an extraordinary Bakelite coffin, and I kept recognising things from my grandmother’s house. In particular, a set of fluted egg cups in 1950s pastel colours took me right back to having breakfast at my grandmother’s when I visited for the weekend as a child. All that nostalgia from something that starts off as sticky goo.

Editor’s note: As of early 2019, the Bakelite Museum is temporarily closed for relocation.

Guest author Jackie Chappell is a biologist at the University of Birmingham (UK).

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on May 2, 2005.

Image credit: Pixabay


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Author: Jackie Chappell

National Periodic Table Day

Periodic table of elements (as of 2016)

The periodic table of elements has undergone numerous expansions and revisions over the years. Today, we celebrate the day in 1863 when J.A.R. Newlands published an early version of the table, featuring 56 elements in 11 groups based on what he called the “Law of Octaves.” We’re now up to 118 elements, and although there are various versions of the table in circulation, they’re all ways to group elements by shared characteristics, and they make the study of chemistry a great deal easier than a simple list would. I’ll award 5 bonus points to the first person who memorizes the entire table today and can reproduce it from memory.

Image credit: Dmarcus100 [CC BY-SA 4.0], from Wikimedia Commons


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Author: Joe Kissell