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Collaborative Divorces
The Collaborative Law Alliance of Bermuda of which our Honor Desmond-Tetlow is Vice Chairman, is now allied with a collaboratively minded financial advisor. The Alliance is confident that this addition, together with the existence of collaborative counsellors (child experts/psychologists), will encourage the continued use of the collaborative law process in Bermuda. Those who practice collaborative […]
Divorce and the “costs” of Financial Disputes
A January 2019 reported decision of the Supreme Court (F v F) provides a more forceful argument than ever for the resolution and settlement of all financial matrimonial issues.
Landmark Court Ruling Permits Same-Sex Marriage in Bermuda
On May 5, 2017, Supreme Court Justice Charles-Etta Simmons ruled that the Registrar-General’s decision to reject a marriage application from a same-sex couple was discriminatory on the basis of sexual orientation, declaring that “same-sex couples are entitled to be married under the Marriage Act”. The case had been brought by Bermudian Winston Godwin and his […]
Change of Direction in Child Law?
A paragraph in the Throne Speech in November of 2013 heralded a proposed change to the Children Act, 1998. The need to incorporate family mediation into the Act was recognized as a prerequisite for co-parenting orders rather than arising only as a result of a parent’s non-compliance with some existing order. This proposed move to […]
When is a company a trust?
The principle of separate legal personality of a company has been affirmed in yesterday’s Supreme Court case of Prest v. Petrodel Resources Limited, and the principles upon which the court will act to “pierce the corporate veil” have been clarified, but it remains the case that upon divorce, the court will look carefully at the […]
Trusts coming under closer scrutiny by Courts in contested divorces
In an effort to achieve a fair division of matrimonial assets, the Court is increasingly demonstrating its willingness to scrutinise the beneficial interests of divorcing spouses under family trusts. A high divorce rate seems to have become the norm rather than the exception in the western world. This reality, and the Court’s determination to achieve […]
Powers of Attorney and Wills featured prominently as matters of concern and interest to seniors at the recent Age Concern Legal Clinic hosted by MJM Limited
This year’s event marked the seventh legal clinic that MJM Limited has hosted with Age Concern, a registered charity (#561) dedicated to meeting the needs of seniors in the local Bermuda community. Attendees were able to participate in a seminar on essential estate planning tools, which was led by MJM Director Hil de Frias, as […]
Overview of divorce law in Bermuda
In this article I will address some of the general principles of Bermuda divorce law and also take a look at some misconceptions which are fairly widely held. At the outset, however, I must stress that time and space will not permit a very detailed analysis and I would counsel anyone engaged in, or considering, […]
Remember Your SCARF…
“Remember to take your SCARF into negotiations” may seem like odd advice. It isn’t. SCARF, an acronym for Status, Certainty, Autonomy, Relatedness and Fairness, should not be overlooked and should be taken into account when entering into negotiations. Briefly: “Status” refers to the need to be respected and treated as an equal; “Certainty” to the […]
With a Will There is a Way
Death is a subject most of us prefer not to talk about — especially our own. For this reason the same holds true for wills. As an attorney though, it is my duty to advise you that making a will is something you ought to face up to — and in this article I am […]
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