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Family Law Journal: October 2012

Chris McIntosh analyses the overhaul of the child support system

In July 2012, the coalition government published a public consultation document, ‘Supporting Separated Families; securing Children’s Futures’, in relation to the child maintenance service. The full consultation document can be found at This article concentrates on the proposed changes to the child maintenance system and how these are intended to operate in practice.

In the first of a two-part consideration Frances Bailey and Nikki Saxton look at the impact of cohabitation on spousal periodical payments

A question asked by divorcing spouses signing up to spousal maintenance orders in favour of their soon to be former spouse may be: ‘what will happen if they cohabit? Surely I will not have to continue to pay maintenance in those circumstances?’

Pannone LLP

Patricia Robinson considers best practice when dealing with disclosure

As set out in the Family Procedure Rules 2010 (FPR 2010), within financial remedy proceedings the obligation of disclosure is ongoing and continues until the proceedings end. The rationale behind the duty of disclosure is, of course, obvious – in order for the court to determine the appropriate financial settlement, full disclosure must be provided. Without such, the court cannot exercise its powers properly, and this in turn could result in an unjust outcome to one of the parties.

In the concluding comparison of approaches to spousal maintenance Julian Bremner, Marjet van Yperen-Groenleer and Kate Mooney examine the Australian system and a range of case studies

In part one of this article ('Hand up not hand out?', FLJ119, September 2012), the focus was on the general approach to spousal periodical payments in England and Wales and also the Netherlands. In this concluding part we will consider Australia in detail and set out a range of comparative case studies as to what the outcome may be in different jurisdictions with the same set of facts.

Brenda Long and Claire Dyer contemplate the lessons to be learnt from the Supreme Court decision in Gow v Grant

The Scottish case of Gow v Grant [2012] recently hit the headlines when an appeal by Mrs Gow, in connection with claims following cohabitation, was heard by the Supreme Court. The case brought back into focus the question of cohabitation legislation in England and Wales, as it contrasted the position in Scotland, where limited claims have been possible since 2006. This article looks at the law in Scotland, with particular reference to Gow, the progress of legislation so far in England & Wales and considers where we might go from here.

Seamus Burns

In the conclusion to a two-part analysis Seamus Burns discusses wider impacts of the draft NICE Guidelines on treatment

Part one of this article introduced the draft revised fertility guidelines issued for public consultation by NICE (National Institute for Health and Clinical Excellence) in May 2012, highlighting definitions with the guidelines and related case law. This concluding part will consider the draft guidelines on multiple births, predictions of IVF success, egg donation and sharing and factors such as HIV and cancer.