November 2011 #111 – Law Journals

TOLATA: Different rules

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Amy Harris looks at the procedural aspects of a claim under TOLATA 1996 ‘Property and trust law offers cohabitants a much stricter and less malleable process where there is little or no room for judicial discretion.’ For most family law practitioners Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims are not dealt …

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International Focus: Binding issues

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Suzanne Kingston and Amy Royce-Greensill summarise the current position on pre-nuptials and set out a comparison of the approach in other jurisdictions ‘When considering a pre-nuptial agreement, the court should take all of the circumstances of the case into account from the basis that each case will turn on its own facts.’ This is the …

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Contact: Opening doors

Catherine Morgan discusses the options when faced with difficulties maintaining contact ‘As practitioners are well aware, the resounding message from case law is that unless contact would be damaging to the child, it should go ahead. It is unfortunately the case though that contact can suffer when the relationship between the child’s parents breaks down.’It …

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Hague Convention: International protocol

Mandeep Gill sets out the key aspects of the 2006 Hague Convention finally expected to come into force in the UK shortly ‘All three recent Hague Conventions were designed to promote cross-border cooperation, protect the best interests of children and, in many respects, complement each other.’The Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and …

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Financial Provision: Balancing needs

Andrew Meehan outlines the courts’ approach when matrimonial assets include personal injury damages ‘In some cases, the needs of the recipient of the damages may mean that there is little or no readily available capital that might be transferred to the wife. In others, the need of the children and the primary carer may take …

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Land Registry: Protecting interests

Claire Glaister highlights the options when dealing with the Land Registry ‘Land Registry offices that deal with applications for a notice or restriction often have different views as to which applications they will accept without question and which ones require further evidence.’Applications to the Land Registry, in the context of family law, are commonplace and …

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