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In the first of a two-part consideration, Fiona Turner and Noel Ferry compare divorce and dissolution in England and Wales and in Scotland Divorce or civil partnership dissolution proceedings can be brought in Scotland immediately after a wedding or civil partnership registration, rather than waiting one year as in England and Wales. With increasingly different …
Continue reading "Scotland: Keep the heid"
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Caroline McNally and Chantelle Woo explain why having two marriage ceremonies can have unintended consequences It is very important to ensure that the marriage ceremony is carried out in a proper manner and that all the procedural steps are conscientiously observed. Since early 2020, the world has been experiencing the unprecedented Covid-19 pandemic, which is …
Continue reading "International focus: The wedding and the sequel"
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Jemma Pollock examines the decision in DN v UD and asks whether the boundaries for when provision may be made for a child age 18 or over have been pushed too far The court concluded that if an application under Sch 1 is made before the child is 18, the court acquires jurisdiction and retains …
Continue reading "Schedule 1: Outside the lines?"
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Andrew Smith argues that, despite appearances, compensation awards arising from a relationship-generated disadvantage are unlikely to be commonplace following RC v JC The wife’s health had a significant bearing on her earning capacity for the foreseeable future, to the extent that Moor J would not ascribe her an earning capacity. In RC v JC [2020], …
Continue reading "Financial provision: Few and far between"
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Seamus Burns considers the steps to be taken by fertility clinics for the resumption of treatment, including information, consent and the management of risk Counselling and the patient’s decision as to whether or not to proceed with fertility treatment should be documented in the medical record. The first part of this article set out the …
Continue reading "Embryology: The way ahead"
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Anna-Laura Lock and Hannah Gumbrill-Ward analyse the impact of Covid-19 and the use of remote and hybrid hearings on the family justice system The family court system was already struggling to cope with huge demands on the courts being administered by reduced court staff and a lack of judges. In C (A Child) [2020], Judd …
Continue reading "Remote hearings: Exceptional measures"
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Nicola Wilburn-Shaw looks at the role of the forensic accountant in financial remedy proceedings, including potential issues that may be explored and possible solutions Practitioners should be alive to the relevance of Covid-19 and experts will most certainly, and indeed should, now incorporate a valuation in relation to both the pre and post Covid-19 trading …
Continue reading "Forensic experts: In-depth analysis"
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Zoe Culverwell highlights capacity issues in financial proceedings including capacity to enter into an agreement Lawyers must keep capacity under review throughout the whole retainer as it is not something that can simply be addressed at the outset of the case and then forgotten about. Mental capacity issues are increasingly common in financial remedy proceedings …
Continue reading "Mental capacity: Come to an understanding"
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Marilyn Bell questions if, in a changing world, the current level of transparency in the family courts is fit for purpose This article considers whether the current restrictions on access to information in relation to family proceedings, and the publication of that information, are still appropriate when ‘publication’ now has a different meaning due to, …
Continue reading "Transparency: A clear view?"
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Holly Tootill, Clare Williams and Hannah Pilling ask how, when and why third parties should be joined to financial remedy proceedings The issue of joinder of other parties is now routinely raised in every case where there is even a hint that there may be a third-party interest. The power of the court to join …
Continue reading "Third parties: To join or not to join"
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