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Antonia Barker provides a guide to key considerations on an application to vary periodical payments as a result of a change in circumstances Thought should be given to the likely duration of any reduction in income, as over the course of the pandemic some industries have suffered long-term damage while for others it is clear …
Continue reading "Variation: Looking at all the options"
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Ellie Foster and Claire Hunter question whether the idiom ‘till death us do part’ really applies where money is concerned In Hasan, Mostyn J identified clear inconsistencies between the courts’ treatment of a party pursuing an undetermined claim on death as against appealing a decision on death. Claims under Pt III, Matrimonial and Family Proceedings …
Continue reading "Pt III, MFPA 1984: End of the road?"
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Suzanne Kingston, Rachael Kelsey and Geoff Wilson look at developments in arbitration in England and Wales, Scotland and Australia together with tables on arbitration schemes around the world Many countries have statutory provision for family law arbitration schemes and even those that don’t have a statutory scheme have given careful thought to arbitration. In 2012 …
Continue reading "Global arbitration: Right place, right time?"
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Eleanor Mills examines the Court of Appeal’s approach to a case where the wife sought to rectify a correctly made order on an incorrect application In Des Pallieres, the narrow ambit of the slip rule did not encompass the rectification of the order the wife sought, as no mistake had been made in the making …
Continue reading "Enforcement: Be careful what you ask for"
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Mollie van Geest highlights the guidance provided in A v A as to challenges to and the implementation of financial remedy arbitral awards Where matters are contested, whether because one party seeks to implement the arbitral award by way of a court order but does not have the consent of the other party to do …
Continue reading "Arbitration: A welcome clarification"
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David Wilkinson looks at a decision of Mostyn J as to the approach to short marriages and the assertion that whether a marriage has produced children or not is immaterial as to the division of assets Mostyn J’s judgment is notable for its legal rather than zoological analysis of the ‘white leopard’, representing the rare …
Continue reading "Financial provision: Short but sweet"
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Henry Venables and Honor Giles consider the approach to an application for the disclosure of FDR appointment documents for use in civil proceedings and the limited circumstances in which such disclosure may be permitted An FDR appointment is a compulsory hearing that the parties must personally attend. The obligation is on the parties to hold …
Continue reading "Disclosure: Behind closed doors"
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Dorothea Gartland and Maria Wright provide a guide to inter-country placements of children and the assessment of potential long-term carers At the heart of cases where overseas kinship placements are contemplated is a delicate balance of rights, ensuring that children are afforded the right to live with extended family overseas where this is possible, but …
Continue reading "International children: Across the seas"
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Jemma Pollock highlights issues of transparency versus privacy in the family courts following the judgment in Barclay v Barclay The courts have discretion to shift the balance as to privacy in favour of transparency, and recent case law evidences a trend toward that approach, particularly in cases such as Barclay where there are issues of …
Continue reading "Media access: Behind closed doors"
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Cate Maguire looks at how the Barder principle has been applied in cases involving ‘known unknowns’ Neither of the decisions in S v T and HW v WW represent a restriction or characterisation of the Barder principle, but rather affirmation of its exceptionality, even in these most unusual times. The family courts have recently had …
Continue reading "Barder: Exceptional and rare"
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