News
Hot off the press – Law blogs
I blog on topics which will interest and be useful to you. If you would like me to blog about a topic not mentioned here already, please let me know by emailing richard@mortlakelaw.co.uk and I’d be happy to research and write something for you.
Comprehensive Guide to Selling a House During a Divorce
There is no denying that divorce is tough. It's full of big decisions and strong feelings. One of the hardest parts is figuring out what to do with your house...
Withdrawal of clinically assisted nutrition and hydration
This judgement is in line with various recent decisions on the withdrawal of clinically assisted nutrition and hydration.
Background:
This case relates to Z, a 70-year-old man in a permanent...
Do you need to notify wider family members of a child’s existence for their adoption?
The question of whether the local authority (LA) can proceed with the adoption of a child without notifying the extended family lies at the heart of the case of CB...
What constitutes a valid deathbed gift?
The High Court was faced with the question of whether a gift made in contemplation of death can override a will in Rahman v Hassan & others. The other aspect...
Can you change your family name in case of serious abuse?
This question was central in the case of BC v A Local Authority and others. The High Court found in favour of the child, who is nearly 16, due to...
The importance of the certificate providers
The certificate provider is an individual who signs the Lasting Power of Attorney (LPA) form to confirm that they have discussed it with the donor and that, in their opinion...
I lent my son some money, can I claim it back?
It has become increasingly common for parents to lend money to help their children out, the so-called “Bank of Mum and Dad”. However, the question arose as to whether such...
Estate planning: be careful what you promise
The Court of Appeal (CoA) was faced with a case of proprietary estoppel and detrimental reliance of the sons on the assurance that they would inherit equal shares.
Background:
The claimants...
Is accepting a gift on behalf of your child within parental responsibility?
The central question in Re N concerned a share in a property situated in Switzerland. Unlike the previously decided case law, this case relates to an inter-vivos gift.
What is...
Can the Court of Protection order telephone companies to assist in locating a person?
The Court of Protection clarified that it has the power to make injunctions and orders to ensure compliance with ‘best interests’ decisions as outline in Section 16(5) MCA 2005.
Background:
This...
Post-separation accrual
Background:
This case concerned a financial remedies application made by the wife with the key issue relating to the date of her separation from her husband. The husband contends that...
You can’t defraud your creditors by establishing a trust.
The High Court was faced with a difficult case and was asked whether a declaration of trust was a sham or felt within the meaning of section 423 of the...
The pre-marital agreement does not cover my financial needs: what can I do?
This question was at the centre of the case AH v BH whereby the Family Court heard a dispute over financial remedies following a short marriage and with restrictive pre-marital...
You don’t need a decree of nullity if you are a transgender individual who married before 13 March 2014 without a Gender Recognition Certificate
The High Court dismissed an application by a transgender man seeking a decree of nullity in respect of his 2009 marriage so that he could remarry his wife with a...
When is a child’s habitual residence changed?
Facts:
The father made an application for the summary return to Italy of his two children XR, born in December 2017 and aged 6, and XZ, born in May 2020 and...
Monthly Family Law Newsletters
Welcome to our revised professionally prepared Family law Newsletters. These will provide you with the latest news around the fast moving world of Family law.
We have teamed up with Informanagement...
Can financial claims be brought in England after an overseas divorce?
Facts:
The parties were born in Russia, married there in 1983, and lived there all their lives until the wife moved to London after their divorce in Russia in 2014. They...
Committal is not in the public interest
A wife fails to get rid of an application to debar her solicitors.
Facts:
Mrs Alvina Collardeau and Mr Michael Fuchs have been embroiled in a bitter divorce since separating in...