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Mena Ruparel outlines recent developments in Prest and the requirements to be satisfied on a judgment summons application ‘An application for a judgment summons is quite a rare beast and an unusual enforcement method: the burden of proof is the criminal standard, ie beyond a reasonable double, and not the civil standard.’ The Supreme Court …
Continue reading "Enforcement: Another chapter"
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Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant.’ There seems to have been a sea-change in recent years with …
Continue reading "Periodical Payments: Short-term solution"
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Frank Prior considers whether Part III of the Matrimonial and Family Proceedings Act 1984 remains a relevant option ‘Part III, MFPA 1984 meant that the courts of England and Wales had the discretion to make financial provision following overseas divorces, subject to certain criteria being met.’ I suspect I will find you shivering with cold …
Continue reading "Financial Provision After Overseas Divorce: Second bite"
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Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea conclude their comparison of family law in England and Wales, Hong Kong and Singapore ‘In comparison with Hong Kong, the legislature in Singapore is much clearer as to the power of the court in relation to custody.’ The first part of this comparative article considered the …
Continue reading "International Focus: Common ground"
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Tracy Winstanley highlights how compulsory MIAMs are working in practice ‘More judges are minded to suggest mediation to parties in cases where they consider the issues are capable of being resolved during the course of an application, at whatever stage that may be.’ Since 22 April 2014, as a consequence of s10, Children and Families …
Continue reading "Mediation: Universal panacea?"
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Alice Twaite looks at ‘hidden’ litigants in person and practical safeguards for parents facing removal of a child ‘Parental efforts to challenge a refusal of legal aid, and aspects of the funding scheme, through judicial review are “stymied” by lack of costs protection, due to the very legal aid ineligibility they seek to challenge.’ Amid …
Continue reading "Public Children: State versus parents"
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Zoe Bloom and Hed Amitai examine potential pitfalls for international families and protective measures including nuptial agreements ‘To start divorce proceedings in England and Wales it is only necessary to show habitual residence here. This means that couples moving to England […] are fully exposed to family law in this jurisdiction.’ International mobility is now …
Continue reading "International Families: Proceed with caution"
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Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …
Continue reading "Financial Provision: Fair shares?"
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Huw Miles looks at issues arising and procedure when a client may lack capacity to conduct financial proceedings ‘Capacity is both specific to every particular issue and every instant in time: it can even be person specific, so that what seems a simple concept can quickly develop into something else entirely.’ Liberty is a fundamental …
Continue reading "Capacity: Hard decisions"
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Joanne Hall highlights the potential rebirth of maintenance agreements together with practice and procedure ‘Once it is established that a maintenance agreement is valid, meeting the formalities required, a court can vary or alter the agreement during the lifetime of the parties, when both parties are domiciled and habitually resident in England and Wales.’ In …
Continue reading "Maintenance Agreements: Dead letters?"
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