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Kayleigh Biswas sets out the issues encountered in Derhalli v Derhalli, where the delayed sale of a former matrimonial home led to a plethora of litigation To ascertain the meaning of an order, the court would need to consider what a reasonable person, having all the background knowledge, would have understood the order to mean, …
Continue reading "Consent orders: A matter of interpretation"
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Gemma Sparks analyses the lasting legacy of lockdown on domestic abuse cases and the practical impact on the family justice system For victims of domestic abuse, the special measures introduced as a result of Covid-19 overall work well: they don’t have to travel to court, they don’t have to be in the same space as …
Continue reading "Domestic abuse: Protection at a distance"
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Mark Pawlowski and James Brown examine whether a proprietary estoppel claim can extend to property other than land Assuming that the doctrine of proprietary estoppel is of general application to property other than, strictly speaking, interests in land, there is no reason why a spouse or cohabitee should not be able to mount a successful …
Continue reading "Proprietary estoppel: Widening the net"
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Nicola Wilburn-Shaw considers issues that may arise in relation to fertility treatment where the parties separate or divorce The courts are not prepared to remove an individual’s right to withdraw their consent as to the use of embryos and the process relating to the provision of consent is not infallible. There has been much media …
Continue reading "Embryology: Tread carefully"
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Shazia Khan examines guidance from the Court of Appeal as to issues of consent in child abduction proceedings In Re G, by delivering the children to the mother and arranging for their travel documents including their birth certificates, the father had ‘fatally compromised’ his case that consent had not been given for their removal. In …
Continue reading "Child abduction: Communication is key"
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Nigel Shepherd looks at litigation funding in family cases and the key regulatory and practice guidance relevant for such funding arrangements It may be safe to explain the key aspects of the litigation funding, but the lawyer should not offer or attempt to give any detailed financial or technical advice. Family lawyers are committed to …
Continue reading "Litigation funding: Levelling the field"
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David Wilkinson analyses a recent decision on an application to set aside based on the impact of Covid-19 on asset values In FRB v DCA (No 3), a dearth of evidence regarding the specific impact of the pandemic on the husband’s extensive asset base, which ranged across various countries and industries, coupled with unfavourable findings …
Continue reading "Financial provision: Risky business"
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Rosalind Fitzgerald and Sofia Thomas discuss the practicalities of ‘nesting’ child arrangements and the tax issues that may arise In a nesting arrangement, if both parties are going to utilise the second home for some time, it may well make sense to transfer the property into joint names, so that the annual CGT exemption for …
Continue reading "Tax: Planning for the future in the present"
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Rebecca Viola summarises the approach taken to trust assets introduced into a marriage and the factors that will be taken into account by the court as to the nature of such assets Property or assets owned by a party which derive from a source outside the marriage will not per se be excluded from the …
Continue reading "Non-matrimonial assets: To mingle or not to mingle?"
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Lisa Churchill highlights how the approach to special contributions has changed over the years and how such contributions have been quantified by the courts The courts are seemingly now more cautious in departing from equality due to the special contribution of one party. Special contribution in a marriage has often been a difficult argument to …
Continue reading "Special contributions: Consigned to history?"
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