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Andrew Baines explores the role of love in the family courts and how it may impact on all involved in the court process ‘Practitioners and judges deal with children matters on a daily basis, and while they may not have to live with the consequences of their advice and decisions as do the children and …
Continue reading "In practice: What’s love got to do with it?"
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Rayner Grice provides a reminder of the courts’ approach to relocation, within the context of the increased variety and complexity of family life ‘The court will wish to see a well-considered plan that is well thought through, and most importantly is in the child’s best interests.’ Gone are the days when the nuclear family was …
Continue reading "Relocation: Putting the pieces together"
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Che Meakins looks at the issue of needs in financial proceedings, and the guidance available to assist parties, practitioners and the courts ‘In the case of a financial application made at the time of separation, the court is likely to classify any identified needs as generated by the relationship more or less by default.’ Family …
Continue reading "Financial provision: A helping hand"
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Mark Pawlowski examines the continuing role of the resulting trust in the context of investment and family property ‘Where property was purchased as an investment (as opposed to a family home), the presumption of joint ownership does not apply.’ Although the resulting trust has played a lessening role as an appropriate mechanism for determining beneficial …
Continue reading "Trusts: Mixed messages"
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Katherine Muldoon summarises the requirements in children proceedings involving domestic abuse, and the practice to be adopted as to fact-finding and cross-examination ‘There may be occasions when it is necessary and appropriate for the judge to conduct the questioning of a witness on behalf of the parties.’ In J (Children) [2018], the Court of Appeal …
Continue reading "Private children: To the letter"
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Elspeth Kinder and Clare Williams consider the approach to new evidence where there has been a finding of fact in financial remedy proceedings ‘The court is required to consider whether a rehearing of an issue will result in a different finding, beyond the fact that different judges will sometimes reach different decisions on the same …
Continue reading "Procedure: The last word?"
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Graeme Fraser and David Foster highlight the impact of future rule changes on divorce settlements through a practical case study ‘Before advising on the structure of the financial provision, international specialist tax advice should be sought as to the US/UK tax efficiency of the pre-nuptial agreement in view of forthcoming changes to US federal tax …
Continue reading "International focus: Cross-border complexities"
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James Ferguson and Katie Male look at the courts’ approach to the weight to be given to a pre-nuptial agreement freely entered into by the parties, and the need for overarching fairness ‘Roberts J had to address the question of what “needs” means in circumstances where a pre-nuptial agreement has been entered into, the purpose …
Continue reading "Pre-nuptial agreements: A balancing act"
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Lehna Gardiner outlines the statutory and procedural requirements on an application for an adoption order by a step-parent ‘The court must consider whether a child arrangements order, a parental responsibility order or a special guardianship order would be better for the child.’ Step-parents are a very common and established feature of modern family life. The …
Continue reading "Step-parent adoption: Family ties"
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Abigail Lowther reviews a civil decision on a claim for costs by a firm against their former client, and the circumstances in which a default judgment may be set aside ‘A failure to provide a respondent (whether a litigant in person or not) with a response pack is a technical error, however it is not …
Continue reading "Costs: The need for clarity"
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