Judge rules boy to live with father after mother has ‘hateful feelings’ for father

A judge has ruled that an eight-year-old boy should leave his mother and live with his father.

Judge Lloyd North was told the boy was being influenced by his mother’s “hateful feelings” towards his father and said the boy would be exposed to “significant emotional harm” if he remained with his mother.

A psychologist said the mother portrayed the boy’s father negatively which resulted in the child identifying with the views she expressed.

Judge Lloyd North decided the boy would enjoy a positive relationship with both parents if he lived with his father but continued to see his mother.

The parents separated several years ago and had been in dispute over their son’s care for much of his life.

Italian Fashion Tycoon in UK divorce battle

An Italian fashion tycoon and his wife are in the midst of a legal battle in an attempt to settle their multi-million pound divorce in Britain.

Ilaria Giusti, 53, is asking the UK courts to rule on her divorce from shoe designer Ferruccio Ferragamo, despite moving here five years after splitting from her husband.

However, Mr Ferragamo says judges in Italy should make the decisions instead.

Lord Justice Moylan and Lord Justice Baker, who had overseen a Court of Appeal hearing in London earlier this month, said they preferred the argument put forward by Mr Ferragamo’s lawyers.

They said judges in England should ‘defer to the Italian court’ and let Italian judges decide whether they ‘remained seised’ of proceedings.

However, the two appeal judges also said Ms Giusti’s English bid should not be thrown out.

The couple married in 2004. The marriage had broken down after about eight years. They have been estranged since 2012.

 

Estranged wife of German businessman tells divorce court judge she can’t find a hairdresser in England

The estranged wife of a German businessman has told a divorce court judge how she cannot find a “very good hairdresser” in England even though she moved to London nearly two years ago.

Clarissa Pierburg said she feels compelled to visit a hairdresser in Dusseldorf, Germany.

The problem was revealed to Mr Justice Moor after being embroiled in a dispute with Jurgen Pierburg following the breakdown of their 35-year marriage.

Mr and Mrs Pierburg are contesting where they should divorce.

Mr Justice Moor is overseeing a trial in the Family Division of the High Court in London.

Mr Justice Moor heard that both Mr and Mrs Pierburg are German and had lived in Switzerland.

 

Mrs Pierburg, now in her 60s, says she now lives in London and wants to divorce in England.

Mr Pierburg, however, wants to divorce in Germany.

The judge heard that the marriage broke down after Mr Pierburg admitted having an affair in late 2016.

UK court ends marriage of Prince Louis of Luxembourg and Princess Tessy

A UK divorce court judge has ended the marriage of Prince Louis of Luxembourg and Princess Tessy.

Mr Justice MacDonald pronounced a decree absolute at a hearing in the Family Division of the High Court in London.

A ruling on the division of money and property was published by Mr Justice MacDonald four months ago following a trial.

Mr Justice MacDonald said Prince Louis and Princess Tessy could be named in media coverage of the case, but placed limits on what could be reported.

The judge heard that the couple began a relationship in 2004, married in 2006 and had two children.

Mr Justice MacDonald decided that Princess Tessy and the children could live in a property the couple had shared when married.

He said the prince would pay the princess “nominal” maintenance and pay child maintenance of £4,000 a year per child.

Businessman ordered to give his ex £25m

An Omani businessman worth more than £300million has been ordered to give his ex-wife £25million after she argued she needed a £400,000-a-year for holidays and a further £60k for pocket money.

The Family Division of the High Court in London heard the case of Talal Al Zawawi, 48 and his ex-wife Leila Hammoud, 36.

Ms Hammoud said she needed £400,000 a year for holidays for her and their three children, more than £60,000 a year to buy jewellery, more than £60,000 a year ‘pocket money’, £60,000 a year for ‘spectator events’ and £24,000 a year to buy shoes.

Mr Justice Holman concluded that about £21 million would meet her needs and about £3 million would be suitable for the children’s needs.

The calculations included more than £5million for a house and £75,000 for a car.

The judge said Mr Al Zawawi and Ms Hammoud could be named in media reports but he said their children should not be named.

Mr Justice Holman highlighted that under Omani law Ms Hammoud would get no financial provision and said it was right that she should make a cash claim in England.

 

Humanist marriages ‘least likely to end in divorce’

According to new figures, Scottish couples who chose a humanist wedding are less likely to divorce than those who had other types of marriage ceremony.

The statistics were revealed by BBC Radio 4’s Sunday programme, obtained from the Scottish Courts and Tribunals Service (SCTS).

Humanist weddings have been legal in Scotland since 2005 and are now reportedly more popular than Church of Scotland and Roman Catholic weddings combined.

In 2017-18, there were 5,702 humanist marriages in Scotland.

Northern Ireland legally recognised humanist weddings last year after a Court of Appeal ruling said it would breach human rights not to do so.

In England and Wales humanist ceremonies are permitted but do not carry legal recognition, meaning humanist couples must register their marriage civilly if they want to have a humanist wedding.

 

England’s biggest regional divorce centre hit by record delays

Delays at the England’s biggest regional divorce centre reached unprecedented levels in 2018.

Figures obtained by the Law Gazette found the average waiting times for each stage of the divorce process at Bury St Edmunds increased significantly last year, confirming many lawyers’ concerns about the centre’s ability to cope.

Bury St Edmunds is the main centre for divorces from London and the south-east. However, since opening as one of 11 regional centres in 2015, it has been a constant source of antagonism for divorcing couples and their lawyers.

According to the Law Gazette, figures provided by HM Courts & Tribunals Service, in response to a freedom of information request, reveal it took 373 days on average from the issue of petition to decree absolute in 2018 (up to the end of September). This was a 9% increase from 2017.

The eight-day wait for issuing the petition has more than doubled in a year, while the average time from issuing of petition to decree nisi has increased 17% to an average of 195 days.

HMCTS told the Law Gazette, “More broadly, we have increased the number of sitting days available in family courts in order to meet demand, while our online divorce service is speeding up the application process significantly.”

No-Fault Divorce To Become Law

Justice Secretary David Gauke announced that no-fault divorces are to become law in the UK.

At present, a couple must be married for a year and a day before they can apply for divorce. If after this time they choose to divorce, either partner can file for it, but only if certain conditions are met. Either the marriage must be past repair due to adultery, unreasonable behaviour, desertion or having lived separately for two or more years – if both parties agree – or the couple must agree to live apart for more than five years.

This has been the law in England and Wales since 1973.

There have been several calls to modernise divorce law in England and Wales.

No-fault divorce was first introduced by the Family Law Act 1996, but its provisions were later deemed unworkable and it was repealed. It has been widely supported by prominent members of the judiciary, lawyers and relationship charities.

The legislative update means partners will no longer be able to refuse a divorce by not consenting to the two-year separation clause effectively ending occurrences of people being trapped in loveless marriages.

 

 

No-fault divorce to become law

No-fault divorces are to be introduced into law.

Justice Secretary, David Gauke, confirmed he will bring in legislation enacting the reform in the next session of parliament, removing the need for separating couples to wait for years or allocate blame for the collapse of their relationship.

Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking a divorce must either prove their partner is at fault through adultery, desertion or unreasonable behaviour, or if both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.

Following a consultation last year on reforming the law, widespread support was shown for the initiative. The Justice Secretary told the Times the responses to the consultation were “overwhelmingly in support, which is why I remain as convinced as I have been for the need to reform this particular area”.

 

Council of Europe calls for Muslim couples in UK to legally register marriage before or during Islamic ceremony

The Council of Europe has said Muslim couples getting married in the UK should be legally required to civilly register their union before or during the Islamic ceremony.

The organisation raised concerns about the role of sharia councils in family, inheritance and commercial law and called for obstacles stopping Muslim women from accessing justice to be removed.

British authorities were asked to increase measures to provide protection and assistance to those who are in a vulnerable position and run awareness campaigns which teach Muslim women about their rights.

The Council of Europe set a deadline of June 2020 for the UK to report back on reviewing the Marriage Act, which would make it a legal requirement for Muslim couples to undergo civil marriages – which is currently required for Christian and Jewish marriages.

Responding to the resolution, a Home Office spokesperson said, “Sharia law does not form any part of the law in England and Wales. Regardless of religious belief, we are all equal before the law. Where Sharia councils exist, they must abide by the law.

“Laws are in place to protect the rights of women and prevent discrimination, and we will work with the appropriate authorities to ensure these laws are being enforced fully and effectively.”