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Katie Lowe and Clare Williams look at the options for an interim order for sale, and the differing approaches taken by the courts ‘Cobb J appears to differ from Mostyn J as to whether an application to terminate home rights under s33(3)(e), FLA 1996 can simply be inferred, especially as the court is unable to …
Continue reading "Interim orders: Lack of consensus"
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Jeremy Ford reviews recent developments and proposed reforms to the law relating to surrogacy ‘The only governing principle remains the paramountcy of the child’s welfare with particular consideration to be given to the part each adult can play in the child’s life.’ While litigated surrogacy arrangements remain relatively rare, case law all too often reflects …
Continue reading "Surrogacy: Welfare first"
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Antonia Barker analyses the approach to joint accounts and the significance of a declaration as to the beneficial ownership of such an account ‘Where there is a joint account, there is a single contractual relationship between the holders and the bank’. In Whitlock v Moree [2017] the Privy Council, on appeal from the Court of …
Continue reading "Joint bank accounts: Shared intentions"
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Demelza Wrigley considers the extent to which the courts will accommodate a person who is not a legal parent as to contact with a child ‘While discussions had taken place with regard to the father’s involvement with the child, there was no agreement as to the conclusion to those discussions and there was no written …
Continue reading "Private children: Extended families"
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Danielle Taylor outlines the use, drafting and enforcement of undertakings in financial remedy proceedings ‘Standard orders now include a number of provisions that were previously incorporated into financial remedy orders as undertakings, for example the payment of a mortgage and other outgoings.’ Undertakings frequently feature in financial remedy orders that are made by either consent …
Continue reading "Undertakings: Considering the options"
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Emma Doughty explores the practical challenges when negotiating periodical payments, with a particular focus on cases involving a high-earning spouse ‘Global periodical payments orders are legitimate provided there is a “substantial ingredient of spousal support”, because such orders do not challenge the jurisdiction of the CMS.’ The decision in AB v CD [2017] illustrates the …
Continue reading "Periodical payments: Creative accounting"
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Sophie Ducamp-Monod and Simrun Garcha examine forthcoming EU regulations changing the ways in which British spouses may deal with their property in France ‘From 29 January 2019 it will no longer be possible for British couples to choose a French matrimonial property regime to apply to only their French assets.’ This article is concerned with …
Continue reading "International focus: Make a choice"
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John Davies and Rebecca Heyworth highlight a case involving a deed entered into by spouses that was enforced in the Chancery Division following a foreign divorce ‘This case demonstrates that it is possible to enter into contractual agreements concerning maintenance on separation between unmarried couples, providing that this agreement is consistent with ordinary principles of …
Continue reading "Enforcement: Taking a different route"
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In the conclusion to a two-part guide, Jemma Pollock sets out key considerations when preparing witness evidence in financial proceedings ‘The most important thing for your client to do is to reread their statement to make sure that they know their case inside out. Their witness evidence is their chance, for the first time, to …
Continue reading "In practice: Getting ahead"
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Lottie Tyler looks at the law on the recognition of an overseas divorce and the court‘s interpretation in a case involving issues as to sharia law and notice of proceedings ‘To be recognised, a divorce obtained through legal proceedings has to be effective under the law of the country in which it was obtained.‘ In …
Continue reading "Recognition of overseas divorce: Not common knowledge"
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