February 2013 #123 – Law Journals

Hague Convention 2007: Vague about Hague

Melanie Barnes navigates the labyrinth of the 2007 Hague Convention In drafting Hague 2007, the Special Commission avoided a definition of maintenance: they acknowledged that in different systems it may extend to a capital lump sum or property transfers. The international community has long acknowledged the right of a child and dependants to be supported …

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Financial Provision: Interim measures

Ellie Foster and Pippa Hayden highlight the impact of third-party resources on maintenance pending suit The court had to understand the extent of financial support provided to the husband by his family and also to examine the extent to which payments had been made historically to the wife by, or via, that source. The recent …

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Children Act 1989, Schedule 1: The cost of childcare

Rebecca Tarn sets out best practice for a successful Schedule 1 Children Act 1989 claim There appears to be some recognition that given that provision for a child only lasts during their dependency (at which time any property adjustment or settlement will revert to the respondent), the applicant should not be prohibited from making some …

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ADR: Global view

In the conclusion to a two-part analysis, Suzanne Kingston and Rachael Kelsey examine the New York Convention and international arbitration States that are parties to the Convention, have undertaken to recognise and enforce arbitral awards made in states other than their own. This has significant implications, particularly for those of us who now find our …

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International Focus: Forum decisions

Helen Waite and Victoria Ward outline issues of jurisdiction and options when dealing with a divorce with an international element Generally, financial relief in the USA tends to be more generous to non-working wives than in most European countries (with the exception of England and Wales), especially in states which operate the community of property …

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Same-Sex Marriage: Same difference?

Catherine Morgan looks at the government plans for same-sex marriage and compares them with civil partnership and opposite-sex marriage There is separate terminology used for the creation, existence and dissolution of civil partnerships (compared to marriages) that suggests a more stark contrast than indicated by an analysis of the legal protections and frameworks in place. …

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Enforcement: Fatal errors

Carmel Brown considers the importance of procedure in applications for committal Committal can only flow if the judgment creditor proves that the debtor had or did have the means to pay the sum in regard to which they had defaulted. The Court of Appeal decision in Zuk v Zuk [2012] concerned the husband’s appeal against …

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