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Case Studies | Josiah-Lake Gardiner Case Studies – Josiah-Lake Gardiner

What is Parental Alienation?

There is no strict definition of Parental Alienation in English law, but it is generally taken to describe a situation where a child has been deliberately manipulated, coerced or otherwise pressured to align themselves to one parent by the other parent. Usually, the consequence of Parental Alienation is that contact between the alienated parent and… Continue reading What is Parental Alienation?

Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake

Part II of the 2018 edition of this book published on 18 May 2018 deals with the impact of relationship breakdown. Developments in the law relating to domestic abuse are discussed in Chapter 7, together with reforms to the homelessness legislation affording better protection for victims of such abuse. Domestic Violence Protection Notices (DVPNs) and… Continue reading Barlow’s Cohabitants and the Law, 4th edition by David Josiah-Lake

Owens v Owens [2018]: Fault-based divorces to continue

Somewhat reluctantly the Supreme Court last week ruled in the case of Owens v Owens [2018] UKSC 41 to uphold the decision made by the judge at first instance which was endorsed by the Court of Appeal to dismiss the wife’s divorce petition alleging that her marriage had broken down irretrievably because her husband had behaved… Continue reading Owens v Owens [2018]: Fault-based divorces to continue

Mills v Mills [2018]: No second bite of the cherry

The Supreme Court has this week delivered a unanimous judgment in the case of Mills v Mills [2018] UKSC 38  setting aside a 2017 Court of Appeal decision to increase a wife’s spousal maintenance to cover her rental payments, 16 years after a financial settlement was agreed in 2002. A timely reminder that despite the making… Continue reading Mills v Mills [2018]: No second bite of the cherry

Heterosexual Couple Win Right To Civil Partnership

In what was an expected defeat for the government, the Supreme Court has ruled that Civil Partnerships (CPs) should be open to heterosexual couples. It was never clear to pretty much anyone why the government would, after introducing same sex marriage in 2014, choose to keep CPs in place. After all, CPs were introduced in… Continue reading Heterosexual Couple Win Right To Civil Partnership

Do I still get Half even if I do Nothing?

David acted for a very successful female executive (W) in financial remedy proceedings at the Central Family Court whose husband (H) had chosen to give up work as he ‘wanted to take a career break’. Facts/Issues. W who was aged 45 was a senior partner in a successful business earning a large six figure salary.… Continue reading Do I still get Half even if I do Nothing?

City Trader “Must I share my bonus for ever?”

This particular case study may be of interest to you if you are a city trader or the spouse of a city trader. Facts/Issues. The husband (H) in this case is an Oil Broker aged 48 years; his wife (W) is aged 50 and is currently not working but training to be a therapist. There… Continue reading City Trader “Must I share my bonus for ever?”

A Footballers’ Wives Tale – ‘Genius’ and the special/stellar contribution argument

Ryan Giggs is just one of the latest high profile footballers presently embroiled in divorce proceedings following the breakdown of his 10-year marriage to wife Stacey. As has been reported in the press, Giggs is seeking to argue in the High Court that his “special contribution” to the family’s reported £40m+ fortune justifies him leaving… Continue reading A Footballers’ Wives Tale – ‘Genius’ and the special/stellar contribution argument

Needs Trump All

Rebecca acts for the wife (W) of a city trader, residing in Essex , in divorce proceedings. Facts/Issues W is aged 37. H is aged 38, There are two children aged 5 and 2. The marriage was of 7 years duration but there was a period of pre-marriage cohabitation. H is a city banker and… Continue reading Needs Trump All

Pension sharing versus Capital aka Do I Get to Be Rich Now or When I Retire?

David acted for a young (39) male City Trader (H) in financial remedy proceedings.