June 2017 #167 – Law Journals

Trusts: A safe foundation

Claire Blakemore suggests that when dealing with trust assets, even the powers of the family courts have their limits ‘Any inconsistencies between how the trust is used or the trust documentation and the presentation to the court can have a significant impact on the outcome.’ The law on the treatment of trusts on divorce is …

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In Practice: Combined forces

Shahida Jogi and Rachel Lim outline how private client and family lawyers can work together ‘It is imperative that all matrimonial clients are advised to make or review their will at their initial appointment.’ Lawyers today must take a collaborative approach in conjunction with their peers and colleagues to provide rounded and holistic advice to …

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Inheritance Act: Competing claims

Yorke Eaton and Christopher Noel examine whether the Supreme Court decision in Ilott v The Blue Cross reinforces the principle of testamentary freedom in financial provision cases ‘I(PFD)A 1975 requires a broad-brush approach from the judge to very variable personal and family circumstances.’ On 15 March 2017 the Supreme Court handed down its judgment in …

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International Focus: Le même mais différent

Izzy Walsh and Floriane Laruelle compare the contrat de mariage with prenuptial agreements ‘The French court has no discretion to strike down a contrat de mariage simply on the basis of it being unfair or unjust, and as a result, the formalities for it to be considered a binding contract are much stricter than in …

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Divorce: Finding fault

Emma Morris and Lara Myers look at the factors that may prevent pronouncement of a decree, and the increasing calls for the introduction of no-fault divorce ‘It seems that the court’s inquiry is extremely limited where an acknowledgement of service indicates that the petition is undefended, and that a requirement for further evidence or a …

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Cohabitants: Home truths

Mark Pawlowski summarises how a non-owning cohabitant can obtain capital provision under the Children Act 1989 ‘The practical effect of a settlement/transfer order made under Sch 1 is that, during the period of the children’s education, the house is held on trust for the non-owning party to the exclusion of the other party for the …

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Prohibited Steps And Specific Issue Orders: Stop right now

Jennifer Moore provides a reminder of the requirements for prohibited steps and specific issue orders and an update on recent case law ‘The court cannot make a prohibited steps or specific issue order to achieve the same result that could be achieved by a child arrangements order.’There have been a number of cases recently that …

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