Virtual Conference: Family Law Update 2021: Recorded 20th October 2021

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KEY SUBJECTS

• CLEAN BREAKS, FAULT FREE DIVORCES AND ONLINE PROCESSES
• THE END OF THE BLANK CHEQUE? – THE CURRENT POSITION ON COSTS
• PRIVATE CHILDREN LAW – RECENT CASE LAW AND DEVELOPMENTS
• A PRACTICAL GUIDE TO SCHEDULE 1 AND TOLATA CASES
• WHAT IS MARITAL PROPERTY AND WHAT IS NONMARITAL PROPERTY? – DEFINITIONS, CATEGORISATION AND NEEDS/SHARING?

SPEAKERS

David Hodson OBE, Partner, The International Family Law Group LLP, Deputy District Judge at the Central Family Court

Lucy Loizou, Partner, The International Family Law Group LLP

Emily Foy, Solicitor, Senior Associate at Payne Hicks Beach

Safda Mahmood, Solicitor, Author and Lecturer

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

CLEAN BREAKS, FAULT FREE DIVORCES AND ONLINE PROCESSES

This highly topical lecture given by Prof David Hodson OBE MCIArb will cover three crucial topics for family lawyers.  The new divorce law arrives on 6 April 2022.  It is no-fault divorce but what does it actually mean in practice?  The lecture will look at:

• What are the new rules on service of a divorce?
• What is the timetable and particularly the position of the respondent?
• In what cases should practitioners be issuing now and where will issues arise in practice?

The new divorce procedure will be online but it is already mandatory from September as is financial applications.  Quietly over the last two years, much of the court process has become an online experience.  What are the details, the experience and the process?  As long ago as 1984 Parliament encouraged clean breaks but they haven’t happened as intended.

• When should there be a joint lives order
• How can you vary a nominal order
• Why have an extension bar
• In what sort of cases are term orders appropriate when there are children?

This lecture will cover these crucially important topics.

David Hodson OBE, Partner, The International Family Law Group LLP, Deputy District Judge at the Central Family Court

THE END OF THE BLANK CHEQUE? – THE CURRENT POSITION ON COSTS

• The general rule
• When does the general rule apply?
• The FPR and recent amendments
• Offers – which, when and why?
• Recent case law
• Where are we now: hints and tips

Emily Foy, Solicitor, Senior Associate at Payne Hicks Beach

PRIVATE CHILDREN LAW – RECENT CASE LAW AND DEVELOPMENTS

This talk provides an update on recent developments and will look at:

• Intractable contact disputes – options available
• Parental alienation and case law developments
• Domestic Abuse Act 2021, fact findings and Scott Schedules
• Special Guardianship, consideration of Re P-S 2018 and working party recommendations
• Proposed review of the Child Arrangements Programme

Safda Mahmood, Solicitor, Author and Lecturer

A PRACTICAL GUIDE TO SCHEDULE 1 AND TOLATA CASES

This presentation will provide practical guidance in dealing with Schedule 1 and TOLATA cases. This will include a case law update from the last 18 months as well as tips and traps to look out for when acting for the Applicant or Respondent respectively.

• When to make an applications under Schedule 1 and TOLATA
• Who can apply for Schedule 1 and TOTLA provision and what procedures should be followed?
• Case law update
• Practical Guidance when acting for an Applicant or Respondent
• The overlap between Schedule 1 and TOLATA cases and how this is dealt with by the Court

Lucy Loizou, Partner, The International Family Law Group LLP

WHAT IS MARITAL PROPERTY AND WHAT IS NONMARITAL PROPERTY? – DEFINITIONS, CATEGORISATION AND NEEDS/SHARING?

• When and how does nonmarital property become marital?
• Is the matrimonial home always shared equally?
• When do post separation assets and income stop being shared?
• What is the difference between the forensic and the intuitive approach?
• How do marital agreements affect sharing?
• What steps can be taken to reduce risk of sharing?
• How should lawyers present these issues in practice to clients and courts?

David Hodson OBE, Partner, The International Family Law Group LLP, Deputy District Judge at the Central Family Court

5.00 pm CLOSE OF PROCEEDINGS