November 2017 #171 – Law Journals

Cohabitants: Seeking clarity

Chris Bryden and Jyoti Wood analyse the Privy Council decision in Marr v Collie and the significance of a commercial aspect to a personal relationship ‘The Privy Council has made it abundantly clear that it is intention, not presumption, that matters.’ In Marr v Collie [2017] the Privy Council was concerned with an appeal in …

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Private Children: A holistic approach

Joanne Hall summarises the factors considered in a case concerned with both leave to remove and allegations of domestic abuse ‘Regarding the credibility of parties, R v Lucas is still good law, in that a conclusion that a person is lying or telling the truth about point A does not mean that they are lying …

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Non-Matrimonial Assets: The significance of origin

Kevin Danagher examines the High Court’s decision in Christoforou v Christoforou, and the approach to evidencing claims that are non-matrimonial ‘Non-matrimonial property provides the court with a reason to depart from equality, and in some cases fairness suggests that the party with non-matrimonial property should be allowed to keep it, subject to issues of need …

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Brexit: Uncertain times

Lottie Tyler suggests that the impact on family law of the planned departure of the UK from the EU will be wide-reaching ‘If the government proposals are adopted, the UK leaving the EU as a factor in relocation cases is inconsequential, but the proposals are only proposals and no absolute certainty can be offered to …

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Financial Provision: In sickness and in health

Frances Bailey looks at the potential impact of physical or mental disabilities on financial awards, and the relevant case law ‘Poor health may impact on, and increase, income needs, particularly where a party has, or will have in the future, a need to pay for costs of medicines, care and support.’ Section 25, Matrimonial Causes …

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Reform: Divorce for the modern era

Suzanne Todd and Victoria Nottage consider the case for no-fault divorce ‘The need to appoint “blame” exacerbates what is already a highly charged and emotional time, which in turn can impact on how couples approach separation and creates skirmishes that can have significant long-term financial impact, in terms of time, cost and stress.’ As we …

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Leave To Remove: On the side of caution

James Copson asks whether the stringent approach to temporary removal applications involving non-Hague countries is justified ‘Foreign law advice should be obtained as to whether, and when, any steps locally should be taken (and how long they will take) to ensure a return on time.’ The decision in AM v DF [2017] has highlighted once …

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