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Rebecca Dziobon outlines the major pension reforms ahead and key areas of change impacting on family law ‘The ability for retirees to access their funds in more flexible ways may result in the court adopting a different view of the nature of the pension rights involved in a case.’In the 2014 budget, the government announced …
Continue reading "Pensions: All change"
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In the first of a two-part analysis Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea set out a comparison of family law in England and Wales, Hong Kong and Singapore ‘As family law in England and Wales has evolved to fit the times, so the laws in Hong Kong and Singapore have changed in …
Continue reading "International Focus: Same difference?"
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Deborah Levy examines the decision in J v J and looks at solutions to excessive costs in family cases ‘In theory, it is not unreasonable to believe that fixed pricing for each stage of the proceedings could well provide a solution, but one may be faced with a client who has unrealistic expectations.’In October 1999 …
Continue reading "In Practice: Held to account"
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In the conclusion to a two-part analysis Julian Bremner suggests a cautious approach to new client enquiries with a focus on risk management ‘The risk of exposure to negligence highlighted by Padden is analogous to the risks posed by providing limited services on a limited retainer, often referred to as “unbundling”.’The first part of this …
Continue reading "Negligence: Tread carefully"
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Helen Cort outlines the steps that may be taken to enforce child arrangements orders and provides practical tips on the drafting of such orders ‘The first task for the judge hearing an application for committal for alleged breaches of a mandatory (positive) order is to identify, by reference to the express language of the order, …
Continue reading "Private Children: Best-laid plans"
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In the first of a two-part analysis Julian Bremner highlights the potential pitfalls of offering free-of-charge interviews and failing to fully explore a client’s options ‘The appeal court disposed very swiftly of the argument that as this short meeting had not been charged for this somehow decreased the firm’s obligations. The court found that a …
Continue reading "Negligence: A cautionary tale"
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Rachel Donald discusses the consequences of deception in divorce proceedings and the vulnerabilities of the current procedure ‘Munby P highlighted in Rapisarda that in each of the 180 cases the English court was being deceived: fundamentally in respect of the court’s jurisdiction to entertain the petition.’ In Rapisarda v Colladon [2014] Sir James Munby, president …
Continue reading "Divorce: Fighting fraud"
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Ellie Foster examines the impact of changed circumstances on applications for variation of periodical payments ‘It is critical to advise the payer of their ongoing vulnerability for capitalisation; it is an obvious way for the court to achieve the holy grail of a clean break.’ There is life after divorce and any ongoing financial relationship …
Continue reading "Periodical Payments: Seeking closure"
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Chris Bryden and Matthew Shaw look at the issues surrounding increased transparency in the family courts and what further changes may lie ahead ‘The consultation proposals go far further than anything previously seen in the family courts, and raise real issues as to how welfare can properly be balanced against the clear public interest of …
Continue reading "Transparency: Open doors?"
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In the conclusion to a two-part analysis Jane Booth sets out methods of enforcing a lump sum order ‘Clients need to be aware, from the outset, that simply having the benefit of a court order for a lump sum is unlikely to be the end of matters if it is suspected that enforcement could be …
Continue reading "Lump Sum Orders: Be prepared"
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