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Family Law Journal: December 2012/January 2013
Pannone LLP

Eleanor Aguirre considers how needs will impact on inherited assets

The recent High Court judgment in Y v Y [2012] provides a useful reminder of the approach the courts take to inherited assets when determining an application for a financial order. Although the recent Law Commission Supplementary Paper, ‘Matrimonial Property, Needs and Agreements’, has raised questions regarding the definition of non-matrimonial property and whether there should be a rule stipulating such property is not to be shared, Y v Y confirms that current case law is quite some way from that position. In this case the wife was awarded 32.5% of the net assets, almost all of which were inherited by the husband, as the High Court found that her reasonable needs justified an invasion of the husband’s inherited assets.

Withers LLP

James Copson analyses the impact of Petrodel v Prest and the repercussions for family lawyers

The Court of Appeal decision in Petrodel v Prest [2012] has sent shockwaves across the family law world. By a two-to-one majority, the Lords Justice placed a significant roadblock in the way of claimants seeking the transfer of company-held assets to satisfy claims for financial provision on divorce.

Jo Sanders and Linzi Bull set out the courts’ approach to issues of privacy relating to paternity

The increasingly complex parenting arrangements seen by family lawyers mean that different interests may arise between the parties, whether they are biological parents, others playing a parenting role, or the children. At the heart of that family network lies sensitive private information, including the identity of the biological parents (typically the father). The extent to which any of those parties, or third parties that may learn of that information, including the media, can control the use and disclosure of information about paternity is of growing significance.

Mandeep Gill assesses the Court of Appeal decision in Re G (Children) (Education: Religious upbringing) [2012]

In Re G (Children) (Education: Religious upbringing) [2012] the Court of Appeal dismissed an appeal by a father who wished his children to attend a strict single-sex orthodox school while the mother wished the children to attend a less orthodox co-educational school.

Frank Prior and Victoria Ferguson examine the limited, and sometimes unique, circumstances in which an interim property order may be made

Every day court lists groan under the weight of litigants, and with even more litigants in person expected after changes to legal aid in April 2013, the demand for judicial time can only increase. To cite the Law Society’s response to the Family Justice Review: ‘The family justice system is failing families; notwithstanding the expertise and dedication of those working within it’. The resulting delay in court proceedings, combined with the growing financial pressure on households, serves as a useful backdrop to review the limited circumstances in which the court may make an interim order for the sale of property prior to the final hearing of an application for a financial order pursuant to the Matrimonial Causes Act 1973 (MCA 1973).

Withers LLP

In the first of a two-part analysis, Suzanne Kingston and Rachael Kelsey take a comparative view of arbitration around the world

In September 2012 we spoke at the International Academy of Matrimonial Lawyers in Singapore about arbitration around the world. We are both arbitrators: Suzanne Kingston spearheaded the arbitration training in England and Wales and Rachael Kelsey was one of those instrumental in setting up the arbitration scheme in Scotland. This article deals specifically with the differences between England and Scotland in terms of the arbitration schemes and then extends to consider family arbitration worldwide. We then go on to discuss the applicability or otherwise of the New York Convention in terms of recognition and enforcement of arbitration in the family law context.