Family Law Cafe

05/06/2026

Can property transfers made during a divorce be reversed by the court?

A recent Family Court decision highlights the importance of transparency in financial remedy proceedings and the court's willingness to scrutinise property transactions where fairness is at stake.

In a complex case involving four properties, the court was first asked to determine who actually owned the assets before considering how the parties' finances should be divided.

Following a detailed examination of the evidence, the judge set aside two property transfers made by the wife, concluding that they should not stand.

The case is a reminder that in financial remedy proceedings, the court will look beyond paperwork and consider the true nature and purpose of transactions when assessing the parties' financial positions.

Key takeaways include:
• Property ownership disputes can significantly affect financial settlements
• The court can set aside certain transactions where appropriate
• Asset transfers may be closely examined during divorce proceedings
• Transparency remains essential in financial remedy cases

The judgment demonstrates that attempts to alter the financial landscape before settlement will often receive careful judicial scrutiny.

Should courts have wider powers to investigate and reverse property transfers made during divorce proceedings?

Full judgement: https://www.bailii.org/ew/cases/EWFC/HCJ/2025/520.html

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04/06/2026

Could an apology help rebuild a parent-child relationship after years of conflict?

In a recent family court case, a judge encouraged a father to consider apologising to his teenage daughter as a potential first step towards repairing their fractured relationship.

The comments came after lengthy court proceedings in which the child's welfare and emotional wellbeing remained at the heart of the court's decision-making.

While family court judgments often focus on legal principles and outcomes, this case serves as a reminder that rebuilding relationships sometimes requires more than court orders. It can require insight, accountability, and a willingness to acknowledge the impact of past behaviour.

The case highlights several important themes:
• The child's welfare remains the court's paramount concern
• A child's wishes and feelings become increasingly important as they get older
• Parental accountability can play a significant role in rebuilding trust
• Positive change often starts outside the courtroom

For separated parents navigating difficult relationships with their children, the judgment underscores the importance of maintaining a child-focused approach, even when emotions run high.

Do you think an apology can help repair damaged family relationships, or is trust rebuilt through actions alone?

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How do Litigation Loans Work? – What You Need to Know
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🕒 3:15pm

Register here: https://us06web.zoom.us/meeting/register/LMfy29hKQF6Lz36rxODIzg #/registration

03/06/2026

Could a family debt leave nothing to divide in a divorce?

A recent Family Court case demonstrates just how significant third-party claims can be in financial remedy proceedings.

Before the court could decide how the parties' assets should be divided, it first had to determine whether the wife genuinely owed her brother £3.5 million, a debt said to be secured against the former matrimonial home.

The stakes were high. The couple's total assets were estimated at between £2 million and £3 million, meaning that if the debt was valid, it could effectively eliminate the matrimonial pot altogether.

The husband challenged the claim, arguing that the arrangement was not legitimate. However, after examining the evidence, the court concluded that the debt was genuine, enforceable, and secured against the property.

The case serves as a powerful reminder that:
• Third-party debts can dramatically affect divorce outcomes
• Family loans may be treated as genuine liabilities
• The court will carefully scrutinise the evidence behind financial claims
• The assets available for division may be far less than they initially appear

For divorcing couples, understanding the distinction between a true debt and a soft family loan can be critical.

Should family loans always be treated as enforceable debts in divorce proceedings?

📅 Join our webinar:
How do Litigation Loans Work? – What You Need to Know
🗓️ 12 June
🕒 3:15pm

Full story: https://familylawcafe.co.uk/news/court-finds-that-wife-owes-debt-to-brother-potentially-leaving-the-husband-with-nothing/

It is of course not unusual in divorce finances cases for a third party, often a family member, to have an interest in the matrimonial assets. Obviously, if they do have an interest then that could reduce the size of the matrimonial ‘pot’, available for distribution between the husband and wife....

31/05/2026

Can a financial remedy appeal continue after one party has died?

The Court of Appeal has provided important clarification in Kanabar v Kanabar [2026] EWCA Civ 582, a case concerning whether a husband's appeal against a financial remedy order could proceed after his death.

The wife appealed against an order that had allowed the husband's appeal to continue despite his passing. The Court of Appeal ultimately agreed with the wife, finding that the husband's appeal should have been struck out.

The decision highlights several important issues in financial remedy litigation:
• The effect of a party's death on ongoing proceedings
• Finality in financial remedy orders
• The limits of posthumous appeals
• Procedural fairness and litigation certainty

For family law practitioners and separating couples alike, the case serves as a reminder that procedural issues can be just as significant as the substantive financial dispute itself.

What impact do you think a party's death should have on ongoing financial remedy proceedings?

Read the judgment here:
https://www.bailii.org/ew/cases/EWCA/Civ/2026/582.html

📅 Join our webinar:
How do Litigation Loans Work? – What You Need to Know
🗓️ 12 June
🕒 3:15pm
Register here:
https://us06web.zoom.us/meeting/register/LMfy29hKQF6Lz36rxODIzg #/registration

30/05/2026

Good news for separating families.

The Government has announced a range of measures designed to help parents resolve disputes more quickly, affordably, and with less stress.

One of the key changes is the extension of the Family Mediation Voucher Scheme, which can provide up to £500 towards mediation costs. The scheme has already helped more than 54,000 families since 2021.

New online tools have also been launched to help parents make arrangements for their children without needing to go to court wherever possible.

These measures aim to:
✔ Reduce costs
✔ Minimise conflict
✔ Encourage cooperation
✔ Keep the focus on children's wellbeing

Do you think more families should consider mediation before turning to court proceedings?

📅 Join our webinar:
How do Litigation Loans Work? – What You Need to Know
12 June | 3:15pm

Register here:
https://us06web.zoom.us/meeting/register/LMfy29hKQF6Lz36rxODIzg #/registration

29/05/2026

Court protects child by extending orders until her 18th birthday
A Family Court judge has taken the exceptional step of extending protective orders for a teenage girl until her 18th birthday, following years of litigation, breaches of court orders, and ongoing harmful behaviour by her father.

The case involved a child who, by the age of almost 17, no longer wished to have direct contact with her father after prolonged conflict and repeated attempts to pressure her into supporting his position.

Despite existing restrictions limiting contact to indirect communication only, the court found that the father’s behaviour continued. The judge ultimately concluded that the child still required the protection of the court, extending the orders beyond the age of 16 in what was described as exceptional circumstances.

The non-molestation order will also remain in place until the young person completes tertiary education.

The decision is a powerful reminder that:
• The child’s welfare remains paramount
• Emotional harm is taken seriously by the courts
• Protective orders can be extended where necessary
• Courts will prioritise stability and safety over parental demands

As children grow older, their wishes and feelings often carry increasing weight — particularly where safeguarding concerns persist.

Do you think courts should make greater use of long-term protective orders in high-conflict children cases?

Read more here:
https://familylawcafe.co.uk/news/court-protects-child-by-extending-orders-until-her-18th-birthday/

📅 Join our webinar on How Do Litigation Loans Work? With Guest Avni Vaghela from Rhea Finance — 12 June at 3:15pm — where we’ll discuss What litigation loans are and how they work. Register here: https://us06web.zoom.us/meeting/register/LMfy29hKQF6Lz36rxODIzg #/registration

In private law children proceedings (i.e. proceedings not involving social services) the Family Court can make child arrangements orders, prohibited steps orders, and specific issue orders. Child arrangements orders regulate with whom the child will live, and what contact anyone else should have wit...

23/05/2026

A remarkable Court of Appeal case has shone a spotlight on the extraordinary challenges family courts can face in disputed paternity proceedings.

The case involved identical twins where scientific testing could not determine which brother was the biological father of the child. Despite this uncertainty, children orders were made in favour of one twin — leading the other to appeal.

In dismissing the appeal, the Court of Appeal reaffirmed that the child’s welfare, stability, and emotional security remain the court’s paramount consideration, even in highly unusual and legally complex circumstances.

The judgment raises important questions about:
• The limits of DNA evidence in family proceedings
• How courts approach disputed parentage
• The balance between biological certainty and welfare outcomes
• Stability for children in long-running disputes

Cases like this demonstrate the flexibility — and difficulty — of applying welfare principles in modern family law.

What weight should biological parentage carry where certainty is impossible?

Case: P, Re (No 2: Welfare) [2026] EWCA Civ 571

Read more here:
https://www.bailii.org/ew/cases/EWCA/Civ/2026/571.html

21/05/2026

A rare and significant decision from the Court of Appeal has reopened serious questions about transparency in adoption proceedings.

Judges have allowed a local authority’s appeal to set aside an adoption order after it emerged the adoptive mother had been in a relationship with a prisoner, information that had not been disclosed to the court during the adoption process.

The court found that the original decision had been made on a misleading factual basis, raising important issues around:
• Duty of candour in family proceedings
• Safeguarding assessments in adoption cases
• Whether final adoption orders can ever truly be “final”
• The balance between child welfare and procedural integrity

The judgment is a stark reminder that full and frank disclosure remains fundamental in all family court proceedings, particularly where lifelong orders are being made.

📅 𝗝𝗼𝗶𝗻 𝗼𝘂𝗿 𝘄𝗲𝗯𝗶𝗻𝗮𝗿 𝗼𝗻 𝗖𝗵𝗶𝗹𝗱 𝗔𝗿𝗿𝗮𝗻𝗴𝗲𝗺𝗲𝗻𝘁𝘀 𝗢𝗿𝗱𝗲𝗿𝘀 — 𝗙𝗿𝗶𝗱𝗮𝘆 𝟮𝟮 𝗠𝗮𝘆 𝗮𝘁 𝟭:𝟭𝟱𝗽𝗺 — 𝘄𝗵𝗲𝗿𝗲 𝘄𝗲’𝗹𝗹 𝗱𝗶𝘀𝗰𝘂𝘀𝘀 𝗸𝗲𝘆 𝗱𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁𝘀 𝗮𝗻𝗱 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗶𝘀𝘀𝘂𝗲𝘀 𝗶𝗻 𝗰𝗵𝗶𝗹𝗱𝗿𝗲𝗻 𝗹𝗮𝘄.

𝗥𝗲𝗴𝗶𝘀𝘁𝗲𝗿 𝗵𝗲𝗿𝗲: https://us06web.zoom.us/meeting/register/m1itvI35T8WIihuYnw1_CQ #/registration

What impact could this ruling have on future challenges to adoption orders?

Read more here: https://www.localgovernmentlawyer.co.uk/child-protection/392-children-protection-news/100456-judges-allow-appeal-by-council-over-adoption-order-after-it-emerged-that-mother-was-dating-prisoner

20/05/2026

Could this be the most extensively litigated family dispute in legal history?

The case of Gohil v Gohil began with a divorce petition in 2002, and more than two decades later, the litigation is still continuing.

What started as a “modest” financial settlement evolved into years of family, civil, and criminal proceedings involving:
• Allegations of non-disclosure
• A set aside application
• Appeals to the Court of Appeal and Supreme Court
• Criminal convictions for money laundering and forgery
• A confiscation order of nearly £28 million

In his recent judgment, Mr Justice Williams described the case as:

“the most extraordinary implosion of a family”

The case is a powerful reminder of:
✔️ The importance of full financial disclosure
✔️ The long-term consequences of unresolved disputes
✔️ The emotional and financial cost of protracted litigation

We’ve broken down the key developments and what this case means in our latest article.

👉 Read more here:
https://familylawcafe.co.uk/news/finances-case-could-be-the-most-extensively-litigated-family-dispute-in-legal-history/

We all know that divorce cases can take a long time to resolve. It is not unusual, for example, for a financial remedy dispute to take a year or more to come to a conclusion. But just occasionally a case is reported that takes longer. Much longer. In Gohil v Gohil the wife issued herContinue reading...

18/05/2026

When parents separate, one of the biggest concerns is often: what happens next for the children?

Understanding how child arrangements work, and what the court actually considers, can help reduce uncertainty and support better decisions for your family.

Join Family Law Barrister Joanna Toch for our free live webinar:

Child Arrangements – What You Need to Know
📅 Friday 22 May 2026
⏰ 1.15pm

This practical session will cover:
• How child arrangements are decided
• What parental responsibility means
• The key factors courts consider
• Common areas of disagreement
• What happens if parents cannot agree
• Practical guidance for moving matters forward

The webinar includes a live Q&A where attendees can ask questions directly.

Whether you are recently separated, currently navigating arrangements, or looking to better understand the process, this session will provide clear and accessible guidance.

🎟️ Free to attend – registration required.

👉 Register your place here: https://us06web.zoom.us/meeting/register/m1itvI35T8WIihuYnw1_CQ #/registration