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Christopher Hames QC considers remedies available to enforce financial orders and ways in which the current provisions may be improved ‘According to the Law Commission’s 2016 report, it estimated that there are around 4,200 enforcement cases in relation to family financial orders each year.’ Getting divorced is one of the most stressful times in life. …
Continue reading "Enforcement: Be prepared"
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Michael Chapman and Clare Williams analyse whether, when and how the court will vary a settlement of property order made in proceedings under Sch 1 to the Children Act 1989 ‘It is not difficult to imagine a series of situations that could necessitate the review of an order settling property for the benefit of a …
Continue reading "Schedule 1: Within limits"
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Bethany Davies highlights problems when dealing with overseas pensions or pensions in this jurisdiction that are subject to an overseas order ‘Ordinarily the default position of pension companies in this jurisdiction is that a pension share will not be implemented unless an order has been made by the court in England and Wales.’ Often, aside …
Continue reading "Pensions: Home and away"
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Simon Fisher looks at arguments in favour of an add-back in a case also concerned with fabricated liabilities ‘When making a decision on an add-back, the court must identify a wanton dissipation.’ In R v K [2018] Baker J looked at the issue of add-backs and alleged fabricated liabilities in a financial remedy case. The …
Continue reading "Conduct: Reclaiming assets"
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Carly Weyman provides a reminder of key considerations when dealing with child abduction, in particular in relation to non-1980 Hague Convention countries ‘The situation is more complex for a parent whose child has been taken to a country that is not a signatory to the 1980 Hague Convention, as the non-contracting country is not obliged …
Continue reading "Child abduction: Out of sight"
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Katie Ghose and Natalie Friday provide a campaigner’s and a practitioner’s perspective on the failure to protect victims of domestic abuse from cross-examination by an alleged perpetrator ‘There is a clear link between survivors’ experience of domestic abuse, including coercive control and post-separation abuse, and risks to children’s wellbeing and safety.’ The campaigner The family …
Continue reading "Domestic abuse: No time to delay"
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Sital Fontenelle and Katie Newbury submit that provision in the Immigration Rules as to sole responsibility is outdated and at odds with the Children Act 1989 ‘Even in cases where a foreign court order has been obtained showing that the UK parent has legal custody of the child, the Home Office is still refusing applications.’ …
Continue reading "Immigration: Conflicting views"
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Amy Harris looks at the requirements as to service to seise jurisdiction, and whether a delay in serving a divorce petition may impact on the priority of proceedings ‘A court is seised once the petition is lodged with the court, and the purpose of this rule is to prevent abuse of process and to ensure …
Continue reading "Service: Place on notice"
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Rachel Nicholl examines the courts’ approach to business assets and the different orders that may be made to deal with such assets ‘While the court must consider the value of all the assets in the case in order to properly exercise its discretion, given the expenses involved in instructing an expert, this is something that …
Continue reading "Business assets: Open or shut?"
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Ruth Kearns considers the creation of corporate structures in other jurisdictions to frustrate the enforcement of a financial remedy final order ‘Historical terms such as ‘‘façade’’ and ‘‘sham’’ in fact refer respectively to two separate and distinct principles: the ‘‘concealment principle’’ and the ‘‘evasion principle”.’ It is essential that the parties have confidence that remedies …
Continue reading "Enforcement: Out of reach"
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