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Dr Dianne Millen explores how cohabitation law introduced in 2006 in Scotland is working in practice ‘The Supreme Court in Gow emphasised the non-commercial nature of cohabiting relationships, where people are prepared to make sacrifices of all kinds for a relationship without demanding some quasi-contractual form of financial recompense.’ Eight years after the Family Law …
Continue reading "International Focus: Finding the fairness"
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Katie Lowe looks at the revised procedure for appeals and practice points for practitioners ‘The court is bound by the interpretation given to the phrase “real prospect of success”, namely that a party must show a realistic, rather than fanciful, prospect of success.’ Cases that involve advising on appeal are generally few and far between. …
Continue reading "Appeals: Limited options"
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In the first of a two-part analysis, Debbie Stringer examines how the courts approach Gillick competence in relation to a child’s capacity ‘Where a court has to make a decision where the rights of the child and the rights of the parents conflict, the child’s rights must be the paramount consideration.’ In two recent judgments …
Continue reading "Capacity: Maturity test"
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Che Meakins sets out the courts’ approach to children’s evidence and when a child should be joined as a party to proceedings ‘The court must weigh the advantage that a child’s evidence may have in determining the truth against the harm that the giving of evidence might do that child or any other child.’ In …
Continue reading "Children: Children’s voices"
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Julia Brown reports on jurisdictional aspects of Schedule 1 proceedings and the decision in O v P [2014] ‘As with any other family proceedings the court must first of all be convinced that it has jurisdiction to deal with a Schedule 1 application.’ Family life in 2014 is far different from that in the 1970s …
Continue reading "Schedule 1: Competing interests"
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Helen Cort highlights changes introduced by the Child Arrangements Programme and the likely impact on both practitioners and parties ‘The intention is to send a message to the parents that they each have a valuable role to play in their child’s life and to encourage separated parents to adopt less rigid positions.’ Child arrangements orders …
Continue reading "Private Children: Much ado about nothing?"
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Paula Butterworth summarises two procedures designed to accelerate and simplify financial remedy proceedings ‘The logistics of following the Central Family Court pilot procedure requires both parties to engage in an early decision to follow the procedure proactively.’The reforms to the family justice system in 2014 have so far primarily impacted on children proceedings but there …
Continue reading "Financial Remedies: Dual speed"
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Fiona Wood outlines the courts’ approach to assets acquired prior to marriage and the factors to be taken into account Need cannot be assessed in isolation of the factors that are the key to the performance of the sharing principle such as pre-acquired wealth. The issue of pre-acquired assets arises in many divorce cases. While …
Continue reading "Pre-Acquired Assets: Setting apart"
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Michael Gouriet and Jemma Thomas report on the basis in which an interest in property may be secured by proprietary estoppel ‘The detriment suffered need not be financial but must be substantial, and must be judged at the point when the person who gave the assurance seeks to renege on it.’ Establishing an equitable interest …
Continue reading "Equitable Interests: Showing an interest"
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Amy Harris sets out the courts’ approach to cases in which assets derive from a personal injury award ‘The overarching principle of sharing has to be tempered to take into account the particular needs of the recipient of the personal injury award, the manner in which it was acquired and also the fact that it …
Continue reading "Personal Injury Awards: Determining priorities"
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