October 2011 #110 – Law Journals

Surrogacy: Commissioning families

Joanna Kay outlines the regulatory framework and potential pitfalls when advising on surrogacies ‘Under English law, to be recognised as the parents, a commissioning couple needs to either apply to court for a parental order within six months of the birth, or to adopt the children.’There was uproar surrounding the first commercial surrogacy in Britain …

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Schedule 1: Fair shares

Andrew Meehan considers the court’s approach to applications under Schedule 1 to the Children Act 1989 ‘The district judge in DE v AB should have stood back and undertaken an analysis as to the overall effect of the proposed award on each party.’The case of DE v AB [2010] illustrates the lengths to which the …

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Financial Provision: Second chances

Virginia Sherbourne and Vanessa Mitchell look at the lessons to be learnt regarding variation of maintenance from the Court of Appeal decision in N v N ‘The factors applied to the award of periodical payments in general will apply in considering any application to vary the position and the court will strive to be fair …

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Privacy: Private affairs

Jessica Craigs takes a topical look at privacy, phone hacking and computer misuse ‘It is highly unlikely that a judge would agree to the family computer being impounded on the mere suspicions of a spouse coupled with a quick look at the internet history.’It was with morbid fascination that I listened to a radio programme …

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Child Support: Widening options

Melanie Barnes and James Pirrie set out the case for private child maintenance agreements and less state intervention ‘Where private agreements are made, a parent only has a right to apply for enforcement where the court retains jurisdiction, or until such time as an application is accepted by the CSA.’The government, in support of its …

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Tax: Planning for tax

Karen Eckstein and Frances Bailey highlight the impact of tax planning on financial provision ‘Even with expert evidence making assumptions in relation to contingent assets is a risky strategy to take, as demonstrated by Judge v Judge [2008].’The saying is that there are only two certainties in life: death and taxes; save that in fact …

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International Focus: Notable differences

Philippa Cunniff compares Scottish law with family law in England and Wales At a time when minds are focused on the harmonisation of laws across Europe, it can be easy to overlook the fact that even within the UK, the laws relating to financial provision on divorce or dissolution of civil partnerships are very different. …

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