American Accountability Foundation’s Post

M.Y v J.Y (2024/013982) [2024] ZAGPJHC 684 (26 July 2024). This recent judgment from the Gauteng Division of the High Court in Johannesburg offers crucial insights into Rule 43 applications, the importance of full financial disclosure in divorce proceedings, and the role of mediation in family disputes. The case, which involved a short-lived marriage and a dismissed application for interim maintenance, highlights the complexities of modern divorce proceedings and the stringent requirements placed on applicants in such cases. Whether you are a legal professional, mediator, or simply interested in family law, this analysis provides valuable lessons on the intersection of procedural requirements, judicial discretion, and the practical realities of marital breakdown. #SouthAfricanLaw #FamilyLaw #DivorceProceedings #Rule43 #LegalDisclosure #mediation #Rule41A https://lnkd.in/dY4-3Tmn

PART- 1️⃣ CASE STUDY #️⃣ 2️⃣ - PRE-NUPTIAL AGREEMENT IN THE UK RADMACHER (RESPONDENT) v GARANTINO (APELLANT) A.K.A G v R CITATION: [2010] UKSC 42 PRESIDING JUDGE(S): Lord Phillips JSC; Lord Hope JSC; Lord Rodger JSC; Lord Walker JSC; Lady Hale JSC; Lord Brown JSC; Lord Mance JSC; Lord Collins JSC; Lord Kerr JSC. 🔵 FACTS: 🔘 The Husband (G) and Wife (R) met as colleagues whilst they worked in London. 🔘 The Husband was a French national hailing from a well to do family but the wife was an heiress and was financially much stronger than him. 🔘 They had two children after their marriage. 🔘 The wife's father felt a need for a pre-nuptial agreement that would protect her assets and finances in the unfortunate case that the marriage breaks down. 🔘 Three months prior to the marriage, a pre-nuptial agreement was signed between the two. 🔘 This agreement included a number of provisions such as the marriage to be governed by German law, any rights to joint maintenance or pension waived and each party to be responsible for the independent management of their assets i.e no right in the other's assets. 🔘 Prima Facie, the pre-nuptial agreement was lopsided and heavily favoured the Wife. 🔘 This was also because, the Wife was financially stronger, the husband did not seek independent legal advise and was not aware to the extent of his wife's assets. 🔘 When the marriage eventually broke down, the husband (the husband having quit banking and a doctoral student at oxford at the time) applied for ancillary relief. 🔵 ISSUE OF LAW: 🔘 What would the effect of a pre-nuptial agreement be when awarding ancillary relief. 🔵 HISTORY OF THE CASE: ⚫ HIGH COURT: EWHC 1532 (fam) 🔘 Baron J hearing the case at the High Court held that the prenuptial agreement was NOT a validly constructed and enforceable contract [para 129]. 🔘 Despite this, Baron J whilst deciding an award of ancillary relief in favour of the husband considered the fact that he had voluntarily agreed to the terms of the agreement and had full knowledge of its repercussions. 🔘 This affected the amount of ancillary relief awarded to the husband, nonetheless he was awarded significantly despite the agreement specifying that he had no interest in the wife's assets. ⚫ COURT OF APPEAL: 🔘 The wife sought and was allowed permission to appeal the High Court's decision. 🔘 The appeal was successful and Baron J's judgment was set aside. 🔘 The presiding judges on the matter in the COA were: Thorpe LJ, Rix LJ & Wilson LJ. 🔘 Thorpe LJ commented on the High Court's decision in para 43 and stated that it appeared that by considering the pre-nuptial agreement as a. factor, the £2.5 million awarded to the husband was of a negligible resulting discount. 🔘 Thorpe LJ did not set aside the £2.5 million award but rather the sum be held by the husband till the children were 22 in lieu of taking care of the children. TO BE CONTINUED IN THE NEXT POST

---Issues: 1.⁠ ⁠Whether the petitioner is obligated to pay the mehr despite the marriage subsisting. 2.⁠ ⁠Whether the High Court's decision regarding the payment of mehr is lawful. ---Holding/Reasoning/Outcome: The Court affirmed that mehr is an Islamic concept recognized by Pakistani law. The Muslim Personal Law (Shariat) Application Act, 1962, and the Muslim Family Laws Ordinance, 1961, mandate the payment of mehr on demand by the wife. The Supreme Court precedent in Syed Muhammad v Mst. Zeenat (PLD 2001 SC 128) established that mehr can be demanded during the marriage, and the husband is obliged to pay it. The petitioner's failure to pay the mehr despite demand led to unnecessary litigation, burdening the judicial system. The petitioner's defense was untenable, and the High Court's decision aligns with the law. Leave to appeal was declined, and the petition was dismissed. The Court imposed costs and compensatory costs of one hundred thousand rupees on the petitioner, to be paid along with the mehr within one month. Failure to comply would lead to the Family Court executing the order, possibly by attaching the petitioner's properties. ---Citations/Precedents: Muslim Personal Law (Shariat) Application Act, 1962 Muslim Family Laws Ordinance, 1961 Syed Muhammad v Mst. Zeenat (PLD 2001 SC 128) ---Quote: ''Mehr (dower) must be paid when demanded by the wife. Compensatory costs imposed on. Failure to pay it.'' Title: Khalid Pervaiz v. Samina, etc Citation: 2024 SCMR 142, 2023 SCP 375 Find similar judgements and do your legal research on www.paklegaldatabase.com

The Law Commission of England and Wales consultation period considering the following reforms ended yesterday on 8 December 2023: 1. Should provision be made for electronic Wills; and 2. Should the laws be changed so marriage or civil partnerships no longer automatically revoke a Will. (A high proportion of people don’t actually know that the current laws - the Wills Act and the Administration of Justice Act 1982 - provides that a Will a person has prepared pre-marriage is automatically revoked on marriage - subject to any provisions for this event in the Will which most exeperienced private client solicitors should advise clients on!) Both very interesting topics, and no simple answer to either! Very much intrigued to read the Law Commissions recommendations in due course! Read my colleague Stephanie Parish’s blog on the topic 👇🏼 https://lnkd.in/eCpMfAVY #Wills #lawcommission https://lnkd.in/eMMJhGuA

LIVE IN RELATIONSHIP 👩❤️👨 👋Hello readers, Some of the doubts that first arise in our mind after hearing this sentence are ❔Is it legal to be in a live in relationship? ❔Are there any laws to protect? ❔Is it considered as a marriage ? ❔What are the rights which they have? 🗣️let's discuss some of these questions, related case laws and clear the facts regarding live in relationship PART 1️⃣ 🌀A live-in relationship is not recognised as a legal union under any law in India. There is no specific law that addresses this issue. But they can live together as partners without getting married 🌀Then what about the legality of such a relation? will a woman get recognition of their partner's surname? 👩No, due to non recognition of the relationship women are not recognised by their partner's surname, for any legal or financial matters including opening a bank account, applying for loans, submission of income tax etc,... they are not recognised as domestic partners 🌀Is there any legal process if they want to sperate? 👩⚖️No, they can seperate informally without any formal divorce or the courts intervention. 🌀What about inheritance rights? Persons living together as husband and wife for a reasonably long period can receive property in inheritance from a live-in partner. 🌀Can a married man enter into a live in relationship with a woman? and what are the rights available to the wife of such a married man? Answer and the related case laws in the next part😄 Stay tuned and share the knowledge ✨ #marriage #relationships #law #knowledge #lawstudents #jrf #inheritance

The Maintenance of Wife in Family Law Ordinance,1961 Written by Adv Syed Rashed Ali MA, LLB, LLM Corporate Law Mob:03469564958 The maintenance of wife is a significant aspect of Family Law Ordinance, 1961, in Pakistan. The ordinance lays down provisions regarding the financial support and maintenance that a husband is obliged to provide to his wife during the subsistence of marriage or in case of separation or divorce. Section 9 of the Ordinance mainly deal with maintenance. Here are some key points regarding the maintenance of wife under the Family Law Ordinance,1961: 1. Obligation of Husband: The husband is obligated to provide maintenance to his wife according to his means, regardless of whether his wife is capable of earning or not. 2. The amount of maintenance: The amount of maintenance to be provided by the husband is determined based on various factors, including the financial status of the husband, the needs of the wife, and the standard of living to which the wife was accustomed during the marriage. 3. Court Procedure for enforcement: If the wife is not receiving maintenance as per the ordinance, she can file a suit for maintenance before the relevant Family Court. The court will then determine the amount of maintenance after considering the relevant facts. 4. Enforcements: The Family Court has the authority to enforce its orders regarding maintenance. If the husband fails to comply with the maintenance order, he may face legal consequences, including fines or imprisonment. 5. Interim maintenance: The court may also order interim maintenance to be paid by the husband during the pendency of the maintenance Overall, the Family Law Ordinance, 1961, aims to ensure that wives are provided with adequate financial support by their husbands, thereby promoting the principle of economic justice within the institution of marriage.

A quick question for all Italian residents (whether you are DOC Italians or foreigners who have moved here... Have you thought about your family situation and how Italian family law might apply to it? Italy being Italy, the modern iteration of family law is complicated and requires action by a couple in order for there to be any kind of recognition of their status. Andrew Lawford takes a further look at: 🇮🇹 Marriage 🇮🇹 Unione Civile 🇮🇹 Conviventi di fatto 🇮🇹 Unregistered de facto relationships 🇮🇹 Forced heirship and foreigners 🇮🇹 Inheritance taxes & Living wills Need to know more...? https://lnkd.in/eXxaiMXk

Khula/Separation Case What is Khula ? Khula is a legal procedure in Pakistan that allows a Muslim woman to seek a divorce from her husband through the Family court. It is the wife’s right to seek khula if she has valid grounds for divorce according to Islamic law. Here is a general overview of the khula procedure in Pakistan: What is khula Procedure ? Khula Procedure Consultation with Our Expert Family Lawyer: Before proceeding with khula, it is advisable for the wife to consult with our professional Family Lawyer to ensure that her reasons for seeking khula are valid according to law. Filing a Khula Case/Petition: If reconciliation efforts fail, the wife can initiate the khula process by filing a petition in the Family court in the jurisdiction where the marriage was registered or where she resides. Grounds for Khula: The wife must provide valid grounds for seeking khula. Common grounds include cruelty, desertion, non-payment of maintenance, and incompatibility. The court will consider these grounds before granting khula. Khula Notice to the Husband: After filing the Khula petition, the court will serve notice/summon to the husband, informing him of the khula proceedings. He will be given the opportunity to respond to the petition. Attempt Reconciliation: After filing for khula case, the parties may attempt reconciliation through counseling and mediation. Islamic law encourages reconciliation between spouses. Court Proceedings in Khula case: The court will hold hearings and may attempt further reconciliation between the parties. If reconciliation is not possible, the court will proceed with the khula case and recorded the statements both the parties. Issuance of Khula Decree: If the court is satisfied with the wife’s grounds for khula, it will issue a khula decree. This decree legally terminates the marriage. The wife may be required to return the Haq-Mehr (dower amount) received at the time of marriage to the husband. Custody and Maintenance: The court may also address issues related to child custody and maintenance for the wife and children in the khula decree. Registration of Khula Decree: It is essential to register the khula decree with the Arbitration council or relevant authority to ensure its legal recognition. Legal Rights and Obligations: Once khula is granted, the wife is free to remarry if she wishes, while the husband is no longer obligated to provide for her financially. Required Documents For Khula case 1, Id card copy of Female 2, Nikah Nama copy   For more info call us 0300-8500985 click the Link rb.gy/ndupgd #familycourt #familylaw #familylawyer #divorcelawyer #khula #divorceattorney #divorce #lawyer

Do nice guys finish last? In an interview with the Singapore Sunday Times newspaper yesterday, former diplomat Kishore Mahubani spoke about being loud and aggressive in order to be heard. I agree with him. I am an introvert. I grew up not speaking much. Being nice and quiet is not a bad thing. It doesn't always help if you are a business owner or wish to be successful. I am a nice guy, I am told. I work hard to create amicable divorce clients for the last 21 years. A client who was not certain about settling his divorce in the Family Court mediation, asked me whether I can help him if he wishes to litigate. "Of course, I do litigate, I said." This is the case when you are well known for being a peacemaker. We then discussed the litigation strategies. Over the years, I decided to speak out. There is no point being diplomatic, I decided. When the Wife chided me for some of my frank and blunt views, my reply was that I was now old enough now to speak my mind! In an environment where everyone is trying to outshine another, you need to be firm, appear hard and even be aggressive in your demeanour. It helps in the corporate world. These skills can be learnt and displayed at the appropriate moment whilst being yourself. It doesn't mean you lose your identity. Your primary personality can never be changed. You just adopt different personas to fit different situations. How you present yourself, behave and speak can be trained and scripted. You keep on refining your script to fit your corporate personality in converting your leads when handling prospects, during presentations, in meetings or in Court hearings.

Here’s why it’s so difficult (if not impossible) for lawyers to meaningfully show up as human online: 1️⃣ The consequences of a whoopsies are potentially career crushing—from malpractice to ethics discipline.    2️⃣ Peeling back the armor may cultivate trust with the readership, but an opponent will sight their weak ribs in the next joust. The systemic problem? -No institutional kindness.  -Vulnerability can be penalized. Net-net, the risk is not worth the reward. I Warby Parker envision two solutions. 1️⃣The first is confidential support—either informally via close friends or formally (stay tuned for online community which will house such support groups..amongst other offerings). 2️⃣The second is to slowly lean in to showing up online. Examples: →SPF 50 fingerprint confession on your iPhone as you’re in Cancun on Spring Break trying to unplug…and not succeeding  →Demo your DIY mud coffee mix to ease stomach ulcer after your last trial. —— 👊I’m Ryan. I practiced law for 5 years. Now, I sustain myself in two ways. 1️⃣ First, I co-own a restorative family and divorce mediation practice, called “Flannel People Mediation.”  2️⃣ Second, I ghostwrite for lawyers & leaders who value showing up as a human. Projects range from LinkedIn content --> full-blown book projects.