This category can only be viewed by members.
Simon Blain and Hannah Mantle consider whether nuptial agreements have a role to play as to the division of assets on death ‘Where such a qualifying agreement purports to preclude claims being made pursuant to I(PFD)A 1975, such a provision is likely to weigh heavily in the court’s decision-making process.’ Provision may be made within …
Continue reading "Inheritance claims: Looking to the future"
This post is only available to members.
Emma Dewhurst outlines the approach to fact-finding within private children proceedings where there have been previous orders within domestic abuse proceedings ‘The court in J (Children) allowed a contested non-molestation order to remain in place, and not only failed to hold a fact-finding hearing in relation to the ChA 1989 proceedings, but also the non-molestation …
Continue reading "Private children: No stone unturned"
This post is only available to members.
Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age ‘For those over the age of 65 who have built up their pensions over a long working life and entirely prior to marriage, it will be of great importance to them to ensure that there is clarity as to how their …
Continue reading "Pre-nuptial agreements: Silver solutions"
This post is only available to members.
James Copson looks at the recommendations in the Pension Advisory Group report and highlights the potential pitfalls when dealing with pension assets ‘It is much harder to achieve a fair outcome where there is a significant difference in the ages of the parties.’ An understanding of pensions is a must for every family lawyer working …
Continue reading "Pensions: Equality or not?"
This post is only available to members.
After balancing the pros and cons, Julian Bremner makes a case for the return of modified Calderbank offers ‘A Calderbank offer, properly used, was a tool in a practitioner’s arsenal to try to prompt a recalcitrant party to carefully consider a realistic and genuine proposal to settle.’ Family practitioners who entered the fray post-2006, and …
Continue reading "Costs: A blast from the past?"
This post is only available to members.
Catherine Maguire analyses the decision in AJ v DM, which demonstrates the dangers of reliance on a sole domicile petition ‘It is far easier to re-establish habitual residence in a country where the party in question has previously been habitually resident than in a new country.’ Cohen J’s judgment in AJ v DM [2019] addresses …
Continue reading "Jurisdiction: Residual risk"
This post is only available to members.
Samantha Little explains the consultation on surrogacy issued by the Law Commissions of England and Wales and Scotland, and the key recommendations ‘The Law Commission proposes a new pathway, if strict requirements are met, that will allow the intended parents to be legal parents from birth through an administrative route rather than a court application.’ …
Continue reading "Surrogacy: Long overdue?"
This post is only available to members.
Linda Lamb sets out the process of hybrid mediation and how it can help families in conflict ‘One of the differences between a normal mediation session and the hybrid model is that solicitors are more involved in the meetings and can assist with the preparation of disclosure.’ As family law practitioners we should be encouraging …
Continue reading "Non-court dispute resolution: Another way?"
This post is only available to members.
Richard Jones and Laura Coyle examine the approach of the courts to the sufficiency of a child’s understanding where the child seeks to act without a guardian ‘It will ultimately be for the court to decide whether the child has sufficient understanding to conduct the proceedings.’ If you represent children in Children Act 1989 (ChA …
Continue reading "Representing children: Seeking independence"
This post is only available to members.
Kayleigh Biswas analyses the circumstances in which a return order may be made despite the left-behind parent’s agreement to a relocation ‘Establishing one of the exceptions to the 1980 Convention opens the door to the court’s exercise of discretion as to whether or not to return a child.’ The judgment in TY v HY [2019] …
Continue reading "Child abduction: No place like home"
This post is only available to members.
