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DEMSTONE INSIGHTS
Latest Articles
What Is The Difference Between a Barrister and a Solicitor?
Barristers and solicitors both practice law in the UK, providing legal representation for their clients. Traditionally, the
Can I Sell My Business Before a Divorce?
The divorce process can leave you feeling like you are in limbo, as you wait to see
What Is An Expert Witness In Court?
During a hearing, the court will often deal with complex subjects which require specialist knowledge to understand.
Non-matrimonial assets: what are they and when do they matter?
In Family Court financial remedy proceedings, non-matrimonial assets are distinct from matrimonial assets.
What does the family court take into account when making a Financial Order?
A financial order sets out how parties to a divorce shall manage and split their finances and assets after the divorce takes effect.
Occupation orders: an overview
Part IV of the Family Law Act 1996 enables a court to make an occupation order, broadly, where a person is suffering or is likely to suffer harm or domestic violence.
Whistleblowing claims: an overview
Whistleblowing is the common term for what, in technical legal terms, employment lawyers would define as a worker being subjected to a “detriment” because they have made a “protected disclosure.” Under section 43A of the Employment Rights Act 1996, such claims broadly comprise four elements:
Disputed paternity with a happy outcome
This week, Mr Billal Malik represented a client at the Family Court. Billal’s client had applied for (1) a Child Arrangements Order and (2) a declaration of Parental Responsibility.
Race discrimination: what is it?
The Equality Act 2010 (“the EA 2010”) protects employees against discrimination, harassment, and victimisation based on a “protected characteristic”. One protected characteristic is race. This short article provides an overview of the key concepts in race discrimination claims.
Financial relief in England and Wales after an overseas divorce
Where two people have separated and obtained a divorce in an overseas country, they cannot apply immediately for a financial remedy in England and Wales. Instead, they must first seek the leave of the Court under Part III of the Matrimonial and Family Proceedings Act 1984 (“the 1984 Act”). Such applications entail a two-part procedure, as set out below.
Family Court financial remedy cases: First Hearings, FDRs & Final Hearings
Where a person’s marriage or civil partnership has broken down, they may apply to the Family Court for a Financial Remedy. Once…
What happens in a Family Court fact-finding hearing?
A fact-finding hearing is a tool which the Family Court uses to make findings in relation to any disputed allegation of domestic abuse…
Can you appeal against a decision of the Family Court?
Family lawyers are often asked: “can you appeal against a decision of the Family Court?” The short answer is: “Yes, you can”.