May 2016 #156 – Law Journals

Pensions: Opportunities and threats

Amanda Bell and Alasdair Wild highlight pension reforms that may impact on the structure of a financial settlement on divorce ‘It is worth considering whether there is a potential lifetime allowance problem, and whether the redistribution of pension assets between the two parties as a result of a pension sharing order could help to reduce …

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Periodical Payments: Future proofing

Fiona Wood summarises the courts’ approach to periodical payments orders and the limited circumstances in which a stepped order will be appropriate ‘The decision in Aburn illustrates the difficulties that arise when trying to predict what will happen in the future.’ In Aburn v Aburn [2016], a smaller money case where a stepped periodical payments …

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Consent Orders: Weighed with meaning

Clare Williams and Jo-Anna Jellings consider a High Court decision which turned on the interpretation of the wording in the order ‘The decision in BG v BA came down to the intentions of the parties at the time the terms of the order were agreed, and the court established that the word “borrowing” was the …

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Civil Partnership: Quest for equality

Anna Shadbolt details the law reform campaign in relation to civil partnership and the ongoing issues regarding cohabitant reform ‘The differing treatment of same-sex and opposite-sex couples, it is argued, breaches the right to respect for private and family life, and the right to enjoy this free from discrimination.’ Earlier this year the claimants in …

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Financial Provision: Behaving badly

Sarah Passemard looks at the development of case law on add-backs based on financial conduct ‘Even where it appears that one party may have indulged in risky financial behaviour, it may not be appropriate for there to be an add-back, or indeed for any kind of financial misconduct to be pleaded.’ One website described the …

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Forced Marriage: Too much, too young

In the first of a two-part analysis of forced and child marriage in Bangladesh and the UK, Shabina Begum sets out actions being taken, and the obstacles to success, in Bangladesh ‘Anecdotal evidence suggests that the prevalence and risk of early and forced marriage continues to exist while the act of reporting such cases has …

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International: Protective measures

Richard Adams examines the circumstances in which diplomatic immunity may prevent a claim by a spouse ‘The classic statement of law as to diplomatic immunity is found in Diplock J’s decision in Empson v Smith, ie that it is elementary law that diplomatic immunity is not immunity from legal liability but immunity from suit.’The decision …

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