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Helen Cort looks at the fundamentals of effectively drafting financial remedy consent orders and provides some practical tips ‘The careful drafting of the operative provisions of the consent order is key, but practitioners should not overlook the importance of the preamble section.’ A failure to correctly draft a financial consent order can lead to delay, …
Continue reading "Consent orders: A word of caution"
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James Davies looks at the implications of reciprocity in cross-jurisdictional cases and the need to consider the longer-term impact of an application ‘The Privy Council examined the authorities relating to public policy precluding the recognition of judgments of a foreign court and noted that reliance on reasons of public policy should be exercised with “extreme …
Continue reading "Jurisdiction: Suffer the consequences"
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Kate Taylor argues that the narrow requirements for a marriage to be recognised as valid are a cause for concern ‘There is an assumption, and an admittedly powerful argument, that the autonomy of the parties should be respected above all things, and that those couples who do not choose to enter into a civil ceremony …
Continue reading "Marriage: Inflexibility and injustice"
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Suzanne Todd examines family law developments during the millennium so far and what the future holds ‘It is essential for family lawyers to have a bank of highly regarded therapists, counsellors and coaches to whom they can refer clients to ensure that they have the expert advice that they need.’ The 21st century has seen …
Continue reading "In practice: The winds of change"
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Caroline McNally and Catherine Tso set out key considerations in private children law proceedings in Hong Kong ‘Even if one parent is granted custody, that parent is not given absolute and independent authority to act without further reference to the non-custodial parent.’ While there are similarities as to many aspects of private children law in …
Continue reading "International focus: A fair comparison"
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Antonia Barker and Kate Williams outline the differences between the impact of remarriage when compared with cohabitation on periodical payments orders and remedies available to recoup an overpayment of maintenance ‘The current compromise is to allow for cohabitation to potentially be a relevant factor, insofar as it may reduce the financial needs of the payee.’ …
Continue reading "Remarriage: Like chalk and cheese?"
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Sarah Dodds discusses whether financial orders after an overseas divorce are now more restricted, or simply continue to be a remedy only available in limited circumstances ‘Pt III, MFPA 1984 cannot be used to “top up” provision made in a foreign order to put it on par with what would have been awarded had the …
Continue reading "Financial provision: Stemming the tide?"
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Katie Male considers the implications of the status of a marriage as to the financial remedies available and the circumstances in which the court may show flexibility ‘Where a petitioner is able to prove that the marriage in question is voidable or void and therefore susceptible to a degree of nullity, they will have access …
Continue reading "Nullity: Clear intentions"
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Ellie Foster and Eleanor Cawthra highlight the issue of finality of judgments, the ability of a judge to change their mind and the submission of further evidence ‘Allowing disappointed litigants the impression that the court will accede easily to the introduction of fresh evidence after judgment, that they could have adduced at first instance had …
Continue reading "Procedure: Not a dress rehearsal"
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Lottie Tyler analyses when a spouse should expect an award on divorce to generate an income to meet their needs ‘If a judge is of the view that a party is likely to have capital in excess of their capital needs, then they must determine what level of income should be attributable to that capital.’ …
Continue reading "Financial orders: Working capital"
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