Last updateTue, 24 Feb 2015 5pm

Family Law Journal: November 2016

Rebecca Stone looks at the implications of bankruptcy both prior to and following a financial agreement or order

The ramifications of the outcome of the EU referendum on the 23 June 2016 for family law remain unknown. However, with concerns that there may be another economic crisis very much on the radar, it is perhaps a good time to review the difficulties that people face if their spouse goes bankrupt either before or after a financial agreement has been reached.

Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth

Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during their marriage. Since the House of Lords decision in White v White [2000] it has been recognised that, in some cases, a party may have a weaker or restricted claim to share in ‘non-matrimonial’ property.

Josh Green provides a refresher on why, when and how an application should be made for maintenance pending suit

This article sets out the practical considerations that family lawyers should take into account when making an application for maintenance pending suit (MPS). When instructed by a financially weaker party who faces uncertainty and inadequacy by way of financial provision until a final settlement is reached, family lawyers are confronted with a difficult decision. At what stage is it correct to seek the court’s intervention, if at all? How will the court deal with such applications? Of course similar challenges are faced by practitioners acting for the potential respondent to an application who will not, or indeed can not, provide the interim provision sought by their spouse. This article will provide some guidance for this situation.

Susan Reed asks whether the lessons of the Cleveland inquiry have still not been learned

Towards the conclusion of his judgment in AS v TH [2016], MacDonald J said (at para 233):

Lottie Tyler focuses on the potential impact of the Brexit vote on international child relocation

Speculation regarding the impact on day-to-day life of leaving the EU has scarcely abated since the vote on 23 June. We have seen reports that institutions and companies that have to date based their European headquarters in London may opt to relocate a proportion of their workforces to other European cities. In terms of social ramifications, the media has reported incidents of racism/xenophobia attributed (fairly or not) to the outcome of the vote.

Jason Schroen examines whether a pre-nuptial agreement entered into in England and Wales is enforceable in Australia

In a modern-day globalised world, international families are becoming increasingly common. International families are more transient and may establish homes in different countries throughout their lifetime. At the time parties enter into a pre-nuptial agreement it can be extremely difficult to foreshadow their future movements, however, in certain circumstances, where one or both of the parties is Australian, or a party owns, or intends to own, property in Australia, the enforceability of a pre-nuptial agreement entered into in this jurisdiction must be considered.

Rita Veitch presents an overview of the basis on which the court may terminate the parental responsibility of an unmarried father

Although the courts have the power to terminate an unmarried father’s parental responsibility, it is very unusual for them to do so. This is evidenced by the small number of reported cases where such an order has been made.