Family Law Aberdeen Latest News

Please note that blog posts up until August 2015 are created, and provided, by Curated Media, not by Ledingham Chalmers LLP. The information and material contained in our blog posts both before and after August 2015 is for information purposes only and does not constitute any form of legal advice or recommendation by Family Law Aberdeen or Ledingham Chalmers LLP.  Not all of the information contained herein is applicable to Scots law.  You should not rely upon our blogs in making any decisions or refraining from taking any action. Please see our Terms of Use for more information.  If you would like to find out more about the services we offer, and how we can help you, please contact us.

No Such Thing as Gay Adultery in The UK

A woman has been unable to divorce her husband on the grounds of adultery because he did not commit adultery as he only had an affair with men.

Rather than citing adultery from her husband of 20 years, the woman was forced to cite unreasonable behaviour as the reason for the divorce. The man had affairs with at least ten different men throughout their marriage, and despite denying everything, the woman began divorce proceedings.

The matter, which came to light following a BBC Radio 4 phone in has since received national attention. According to the woman, she assumed that two of the grounds for divorce would be open to her in adultery and unreasonable behaviour, however, she was informed by her lawyer that adultery was not an option.

Although the woman citing for divorce could still obtain a separation through citing unreasonable behaviour as grounds, and that the issue did not affect the financial settlement, she told the BBC that she was in the minority of people in her situation who "care hugely about the betrayal and want to know that somebody somewhere has recognised that"

"It completely cuts underneath your sense of yourself, your sense of your marriage and you wonder why you were married to this person in the first place, did they ever love you?"

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Ex-Wife Wins All Husbands Assets in Landmark Case

In a landmark case in the UK, an ex-wife has been awarded all of her husband’s assets and his entire £550,000 fortune.

Dr Essam Aly, a hospital consultant, lost his entire fortune to his ex-wife Enas Aly after allegedly stating that he “washed his hands” of his family. Despite appealing that the ruling was unfair, the judge ruled that the initial settlement was fitting as he had neglected his family.

Dr Aly took the decision to the Appeals Court, but the judge stated in the appeal that the consultant did not deserve a penny of his fortune after abandoning his family. Dr Aly had not been paying child support to his ex-wife leading to his wife winning his assets. In total, Enas Aly was awarded the lump sum from the sale of a house as well as £310,000 from her former husband's bank account. Dr Aly had left the UK and stopped paying child support.

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Double Divorces on the Rise in the UK

The number of “double divorces” in the UK has more than doubled in the last year with a higher amount of coverage in the mainstream press being one of the main factors, according to experts.

A high number of disgruntled partners have returned to court to try and obtain more capital or settlements despite the divorce already going through. Official figures from the High Court showed that the number of cases rose from 14,690 in 2013 to 29,060 in 2014 in England and Wales.

Divorce lawyers and experts state that some high profile and widely discussed cases were the main reason for the stark rise in the amount of cases seen by the High Court.  The case of millionaire Ecotricity founder Dale Vince, in particular, was cited as one of the main reasons for a rise. The millionaire's wife Kathleen Wyatt was given permission by the Supreme Court to seek a payout 30 years after divorce proceedings had been finished.

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Fostering Children Moving Too Often Report Finds

A report from the Fostering Network has stated that too many children are moving too often in care, with almost 50% of foster children with their third foster family.

The survey carried out by the Fostering Network found that over 30% of children between the age of 5-10 were living with their third foster family. Furthermore, 8% of all foster children living with their tenth or more foster family.

According to the foster network over 5,500 foster children, currently live with around 4,400 foster families in Scotland.

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Social Media Significant Factor in Marriage Issues

According to research carried out by Slater and Gordon a quarter of couples argue due to their partners use of social media.

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Worker Left “Homeless” Following Divorce

A millionaire has stated that his divorce, which saw his wife obtain 80% of the family property, has left him too poor to get on the housing ladder.

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Calls For Fixed Fees Regarding Divorce

High Court Judge Mr Justice Mostyn has called for fixed fees and a cap on costs following a couple running up bills of just under £1 million in a divorce settlement.

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Married people have healthier hearts

A recent study from America has found that married people, regardless of age, sex, or even cardiovascular risk factors, had significantly less chances of having any kind of cardiovascular disease than those who were single, divorced or widowed.

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Link between divorce and depression

A recent study by researchers at the University of Arizona has found that couples who have gone through a divorce or separation can run an increased risk of developing depression, but only if they already have a previous history of depressive episodes.

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Marriage “sliders” run a greater risk of divorce

A recent study from America has found that couples who “slide” into marriage after a period of cohabitation are more likely to get divorced than couples who make a proactive decision to make a greater relationship commitment through marriage, reports the Daily Mail.

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World’s shortest marriage?

A couple who recently married in the United Arab Emirates must be strong contenders for the title of ‘Shortest Ever Marriage’ after their union came to an abrupt end shortly after the ceremony.

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Drinking habits affect likelihood of divorce

A recent study from Norway has found a link between a couple’s pattern of alcohol use and the likelihood of divorce.

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Fifteenth country signs up to international couples Regulation

Lithuania is the 15th EU Member State to sign up to enhanced cooperation rules to help international couples.

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Husband’s ‘unreasonable behaviour’

A woman is divorcing her husband on the grounds of ‘unreasonable behaviour’ after he refused to go along with her attempts to bring some ‘Fifty Shades of Grey’ adventure to their marriage, reports the Daily Mail.

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Love will keep us apart

New research has revealed the extreme measures British couples go to in order to strengthen their relationship, with one in ten sleeping in separate bedrooms every night of the week.

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Putting safety first in family law

Recent legislative developments in Australia are expected to make significant changes to the way that family law decisions are made.

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Calls for Government to scrap flawed child poverty targets

Crude and flawed yardsticks for measuring child poverty should be scrapped and replaced with a range of new indicators reflecting the true causes of deprivation, according to a think-tank.

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Couples recommend financial honesty before marriage

A recent survey from America has found that around 48% of divorced or separated adults questioned wished they had spent more time discussing finances before getting married. Around 29% of those currently married said the same.

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More women pay alimony and child support

A recent study from America has found that more women than ever are paying alimony and child support to their former partners following divorce, reports the Chicago Tribune.

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Marriages, civil unions and divorces in New Zealand

A recent release from Statistics New Zealand has revealed that there were 20,231 marriages registered to New Zealand residents in 2011. This is the lowest number of marriages since 2001 when 19,972 weddings were celebrated. The number of divorces also dropped, down from 8,874 in 2010 to 8,551 in 2011.

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