Legal Opinion | Josiah-Lake Gardiner

Civil Partnership Bill progresses through Parliament

Following on from our article on 27 June 2018 regarding the Supreme Court’s ruling that Civil Partnerships should be open to heterosexual couples, the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, which formally extends Civil Partnerships to opposite sex couples, is due to have its second reading in the House of Lords on 18… Continue reading Civil Partnership Bill progresses through Parliament

Divorce: Christmas used to be a time for goodwill to all men – now, not so much

Latest figures from the Ministry of Justice (MOJ) have revealed that 455 online applications for divorce were lodged in England & Wales during the period between Christmas Eve and New Year’s Day. Surprisingly, 13 of these divorce applications were filed on Christmas Day!. In April 2018 the MOJ launched its online divorce service which allows… Continue reading Divorce: Christmas used to be a time for goodwill to all men – now, not so much

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

In what circumstances is a local authority’s duty under ChA 1989, s 20 triggered? (R (on the application of Cunningham) v Hertfordshire County Council)

Family analysis: When does the local authority assume responsibility for a ‘child in need’ or ‘looked after child’? David Josiah-Lake, solicitor and collaborative family lawyer at Josiah-Lake Gardiner, discusses the issue in the recent case of R (on the application of…

Civil partnership opens to all on the Isle of Man

Family analysis: The Isle of Man has passed an equal marriage law allowing heterosexual couples to enter into civil partnerships. Is the UK likely to follow suit? David Josiah-Lake, solicitor and collaborative family lawyer at Josiah-Lake Gardiner, looks at the issue.
A…