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Joshua Green looks at the relevance and consideration of domestic abuse and harm in international relocation cases ‘The court is required to evaluate the seriousness of the allegations made, the nature of the evidence about them and their potential relevance to the decisions which must be taken.’ One of the possible defences to the summary …
Continue reading "Domestic abuse: The full picture?"
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Melanie Kalina considers the potential impact of covert recording in the context of children proceedings, and the courts’ approach to such evidence ‘Covert recordings give rise to a multitude of issues that may vary depending on the wide range of situations the recording may take place in.’ It is becoming more commonplace for a client …
Continue reading "Evidence: Going undercover"
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Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income ‘The court will always need to look at all the relevant circumstances of each case when deciding whether and how a party should fairly be using their free capital to …
Continue reading "Financial provision: Sharing the burden"
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Kayleigh Biswas asks whether orders restricting further applications in children proceedings are an underused mechanism, or a heavy-handed approach to conclude litigation ‘A barring order is an intrusion into the right of a party to bring proceedings and to be heard in connection with matters concerning their child.’ In circumstances where there is a history …
Continue reading "Private children: Maintaining a balance"
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Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism ‘The fairness of provision in any nuptial agreement entered into is likely to erode over time and potentially be subsumed by changing circumstances through the passage of time, allowing for an increased use of paternalism.’ Many practitioners would agree …
Continue reading "In practice: Conflicting views"
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Marilyn Bell provides a recap on the duty of financial disclosure, and the remedies available to combat incomplete disclosure ‘The court will look at the facts at the time the order was made, not with the benefit of hindsight.’ The parties to a divorce may provide financial disclosure voluntarily, or as part of court proceedings. …
Continue reading "Disclosure: No place to hide"
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Katherine Dunseath and Joanne Wescott examine the Supreme Court decision in Mills v Mills, and the approach to variation of periodical payments subsequent to a capital order ‘Where a capital order has previously been made for housing, an obligation to duplicate that provision is “improbable”.’ In Mills v Mills [2018] the Supreme Court allowed the …
Continue reading "Periodical payments: No second bite"
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Emma Willing suggests that the Supreme Court declaration of incompatibility in relation to civil partnerships is just the start of a very necessary process of change ‘When Parliament enacted M(SSC)A 2013, the government should have eliminated the inequality immediately, by either abolishing civil partnerships or by extending them to different-sex couples.’ In 2014, Rebecca Steinfeld …
Continue reading "Civil partnership: Opening up the options"
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Kathryn Mason considers the courts’ jurisdiction to order the payment of school fees, and the factors that will be taken into account ‘The CMS will not take payments made in respect of school fees orders into account in relation to a maintenance assessment.’ One of the largest expenses associated with a child is often the …
Continue reading "School fees: Making sacrifices"
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Joe Ailion highlights a case in which, inter alia, a lack of legal advice in relation to a pre-marital agreement did not protect a dissenting party ‘It would be impractical, and prohibitively expensive, for parties to obtain advice in any of the multiple possible matrimonial regimes in which a “globe-trotting” couple may divorce.’ In a …
Continue reading "Marital agreements: Proceed with caution"
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