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Ellie Foster analyses an application for financial provision after a Jersey divorce and the obstacles faced by the wife despite the unavailability of pension sharing in Jersey When pension sharing was introduced in England and Wales in 2000, Jersey did not follow suit, thus creating a clear distinction between the two legal systems and the …
Continue reading "Part III, MFPA 1984: No way through"
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Caroline McNally and Loretta Ho compare and contrast the provision for divorce and financial remedies in Hong Kong and England and Wales If a party obtained a financial remedies order in England and Wales, it can be enforced in Hong Kong either under common law or statute. Hong Kong has one of the highest percentages …
Continue reading "International focus: Weighing up the options"
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Matt Foster looks at the options for funding legal services, via family or commercial loans or by way of a legal services order It is rare for incurred costs to be granted in full by an LSO so a stand-alone costs order for at least part of the balance is welcome. Even in big-money cases, …
Continue reading "Funding: On the money"
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Kayleigh Biswas examines when the terms of a marital agreement may be overridden by a party’s needs and the financial effect of costs on an order There were no vitiating factors in relation to the deed of separation between the parties and there was no evidence that the wife had sought to exploit her dominant …
Continue reading "Marital agreements: Too high a price"
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Victoria Roberts and Dan Jones consider, in light of Akhter v Khan, whether matrimonial law in England and Wales is fit for modern society Unless a nikah takes place at a registered mosque in the UK, or is proceeded or accompanied by a civil ceremony, the dissolution of the marriage cannot be pursued through the …
Continue reading "Marriage: Not right or proper?"
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In the first of a two-part consideration, Seamus Burns highlights the impact of the coronavirus pandemic on fertility treatment and the consequential regulatory changes Fertility clinics do not operate in their own therapeutic closed world, but are a part of a much wider healthcare system and especially in a global pandemic and national health crisis, …
Continue reading "Embryology: IVF in the ‘new normal’ world"
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Catherine Doherty examines the approach to stellar contributions and whether such arguments are now largely obsolete ‘The Court of Appeal felt that it could only determine that there was not such a disparity in the parties’ respective contributions that it would be inequitable to disregard them when deciding what award to make.’ The decision of …
Continue reading "Financial provision: Not-so-special"
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Teertha Gupta QC theorises as to potential scenarios for international children law cases post-Brexit ‘It seems obvious that there will be a relatively hard Brexit as far as family law is concerned, followed by a re-drafting of international child law treaties over time.’ At the end of last year, from an international child lawyer’s perspective, …
Continue reading "Brexit: The way ahead"
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Nicola Meldrum considers the correct approach where the 1996 Hague Convention applies and the court of another state has already made orders ‘The legal framework governing the enforcement of an existing order and that governing an order under Art 11, 1996 Hague Convention are different.’ The Court of Appeal decision in Re I-L (children) (1996 …
Continue reading "International children: Finding the right path"
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Mark Pawlowski looks at how the courts calculate the parties’ beneficial shares when events post-acquisition give rise to a claim to an enlarged share in the jointly owned family home ‘The courts take a holistic approach to the question of the assessment of the parties’ respective shares, so that, although financial contributions play an important …
Continue reading "TOLATA 1996: A holistic approach"
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