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Henry Hood provides insight on the approach to private limited company assets, including valuation and methods of division ‘A clean break can be more difficult to achieve where a company is involved because sharing over time will commonly imply ongoing income payments and a deferred lump sum on sale, or as liquidity allows.’ Coleridge J’s …
Continue reading "Business assets: Sharing the golden goose?"
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Rupi Rai reviews the courts’ treatment of debts in financial proceedings, particularly in cases involving family loans ‘The courts consider the steps taken by all parties when money is loaned very carefully, together with the behaviour of parties after the money is loaned, and when and why the loan is recalled.’ The family courts are …
Continue reading "Liabilities: A question of obligation"
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In the conclusion to a two-part analysis, Bronwyn Bailey and Ethan Axelrod consider when the courts may give judicious encouragement to trustees to satisfy an order made against a party ‘The court needs to be satisfied that the trustees would be likely to respond to judicious encouragement, so that the required funds would be likely …
Continue reading "Financial provision: Out of bounds"
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Lottie Tyler discusses how the courts balance competing rights in relation to transparency in the family courts ‘The journalist submitted that there was a public policy benefit in publication, and the publication of the judgment alone without supporting documentation would not enable full insight into the court’s actions and decisions.’ The end of 2018 saw …
Continue reading "Transparency: Putting children first"
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Mark Pawlowski examines the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘The cases decided since the coming into force of TOLATA 1996 have continued to afford the interest of the creditor priority over the occupying spouse/partner, even in circumstances where the effect of the …
Continue reading "TOLATA 1996: Competing priorities"
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Eve Piffaretti and Alison Craggs set out the ways in which an LGBT+ person may become a parent, and the legal obstacles they may face in doing so ‘The proportion of children being adopted by same-sex couples in England is at its highest level, with one in every eight adoptions being by same-sex couples.’ An …
Continue reading "LGBT+ parenting: Looking at the options"
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Chris Fairhurst looks at contempt in child abduction proceedings and when the court may impose a custodial sentence ‘Those who abduct children must expect lengthy sentences if they are found to be in contempt of court.’ In Egeneonu v Egeneonu (Rev 4) [2018] the courts had been concerned with proceedings involving child abduction, wardship, committal …
Continue reading "Committal: A last resort"
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Vikkie Chetcuti examines case law developments on pre-nuptial agreements, in particular as to legal advice, jurisdiction clauses, needs and sharing, in the post-Radmacher era ‘In Brack the Court of Appeal grappled with the issue of whether the mere existence of a valid pre-nuptial agreement meant the court was constrained as a matter of course from …
Continue reading "Pre-nuptial agreements: Agreeing to disagree"
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In the first of a two-part analysis, Bronwyn Bailey and Ethan Axelrod discuss the circumstances in which wider family wealth may impact on claims between spouses ‘The wife’s father maintained that he would not provide for the wife, nor prompt a trusts distribution, even if an order was made against the wife in the proceedings.’ …
Continue reading "Ancillary relief: All in the family"
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Judith Klyne highlights the significance of legal advice on the terms of a marital agreement, and whether the lack of such advice will be fatal to its validity ‘Legal advice will be a useful indication to the court that the parties have had the terms of their agreement explained to them, but the absence of …
Continue reading "Marital agreements: Loud and clear?"
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