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Marwa Hadi-Barnes outlines the changes to divorce and dissolution with the advent of no-fault divorce, including procedural considerations Service via email is a default method under the DDSA 2020 changes, but where an application is served by email, a notice confirming such service must also be sent to the respondent’s postal address. From 6 April …
Continue reading "Divorce: Starting afresh"
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Natalie Sutherland looks at posthumous conception and issues of consent and legal parenthood Many of the cases dealing with posthumous conception find loved ones seeking access to the deceased’s gametes where it may not be clear to the court whether creating posthumous children is what the deceased would have wanted. It is tragic when a …
Continue reading "Fertility treatment: Preparing for the worst"
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Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …
Continue reading "Financial provision: Dealing with reality"
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Polly Atkins reviews guidance on applications for security for costs and the circumstances in which such orders may be appropriate While in civil proceedings the proceedings are often stayed pending payment of the security, this is not workable where payments are monthly and may in any event be inappropriate in family cases. With the recent …
Continue reading "Security for costs: Balancing factors"
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Jemma Pollock and Saphia Wyse examine the extent to which privilege will apply to FDR negotiations where there are allegations of fraud FPR 2010, PD 9A, para 6.2 allows parties the freedom to negotiate and make concessions knowing that, save in very limited circumstances, the contents of their discussions will not be used against them …
Continue reading "Privilege: Behind closed doors"
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In the conclusion to a two-part consideration, Seamus Burns highlights the wider issues that arise on an extension of storage periods for gametes and embryos The argument that extending storage periods increases reproductive choices for women is only partially true, as only some women will be able to afford the costly fertility process. The first …
Continue reading "Embryology: For the greater good?"
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Hannah Hughes summarises the impact of the below High Court judge level efficiency statement in the Financial Remedies Court The efficiency statement makes it clear that it is unacceptable for the court to be presented at the financial dispute resolution appointment (or final hearing) with competing asset schedules and chronologies. Parties must therefore collaborate to …
Continue reading "Financial remedies: A new way of working"
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David Wilkinson and Alexandra Goldrein look at a case involving a cautionary tale of ‘moving target syndrome’ As HHJ Hess pointed out in T v T, there is a statutory life-jacket available for adrift non-member spouses facing the prospect of an underfunded pension scheme, which ensures that the prospective transferee is first given the option …
Continue reading "Pensions: Ticking Pandora’s boxes"
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Mark Harper highlights the potential consequences of increased transparency in the family courts and whether issues such as privacy for children and data protection have been given sufficient consideration Ancillary litigation about the terms of a reporting order will add to the costs burden for the parties where, for example, parties are inevitably very anxious …
Continue reading "Media access: Look before you leap"
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Mark Pawlowski examines the case law on applications for sale of the family home after one year of bankruptcy What emerges is a model premised on the principle that the interests of creditors will invariably prevail over family concerns unless there are compelling reasons for refusing (or deferring) sale which are absent from the ordinary …
Continue reading "Bankruptcy: A rare exception"
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