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Chris Bryden and Katherine Illsley discuss recommendations to increase protection from stalking and the provisions already in place ‘One of the main recommendations resulting from the independent parliamentary inquiry is that: “The family court system should be reformed so that victims are not further abused by perpetrators through the civil and family courts.”’Stalking can cause …
Continue reading "Stalking: Protective measures"
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Lorna Borthwick highlights the difficulties of enforcing orders against a ‘determined defaulter’ ‘The debtor must be shown to have had the “means to pay” the sum in respect of which they are in default and that they have refused, or neglected, to pay that sum.’ In Constantinides v Constantinides [2013], Holman J was asked to …
Continue reading "Enforcement: A cautionary tale"
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In the conclusion to a two-part analysis Che Meakins looks at Xydhias agreements and the procedure to be adopted on a notice to show cause ‘The only way of rendering an agreement enforceable is to convert the concluded agreement into an order of the court. In this respect, the court’s role is not simply to …
Continue reading "Marital Agreements: No second chances?"
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Matthew Maynard sets out the issues in Re C (A Child) and examines the challenges facing both parties and the courts in children proceedings ‘Many of the unfortunate issues in Re C arose because of a lack of legal representation.’ It is nearly a year since the legal aid reforms in respect of private law …
Continue reading "Private Children: Catalogue of errors"
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Anna Wagstaff considers competing requirements to protect maintenance creditors and the need to avoid irreconcilable decisions ‘EA v AP highlights the potential conflict between the objective of the maintenance regulation to protect maintenance creditors and the fundamental objective of avoiding irreconcilable decisions.’ EU Regulation No. 4/2009 (known as the maintenance regulation) came into force in …
Continue reading "Jurisdiction: First in line"
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Jemma Thomas and Nancy Khawam set out the courts’ approach to children’s wishes and feelings, and the weight to be attached to their views ‘The Convention does not stipulate an age below which a child cannot have attained an age and degree of maturity at which it is appropriate to take account of its views …
Continue reading "Children: Children’s voices"
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In the first of a two-part analysis Che Meakins discusses different types of agreements between parties in family proceedings and their impact ‘Unless there are “compelling reasons to the contrary”, an agreement should be given effect to where it is freely entered into by both parties.’ The rise of alternative dispute resolution methods may make …
Continue reading "Marital Agreements: Final word"
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Helen Cort examines the evolution of nominal periodical payments orders in favour of the primary carer and the potential impact of the Court of Appeal decision in Matthews v Matthews ‘The courts strive to achieve a clean break where possible because it enables the severing of financial ties thereby allowing the parties to move on …
Continue reading "Periodical Payments: Default position?"
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Huw Miles looks at the finality of orders and why and how financial orders may be varied ‘Grocholewska-Mullins is an example of a living and variable order going through varying states of health, with a judge attempting to use the resources now available to achieve a belated clean break.’ When a court makes a financial …
Continue reading "Capitalised Maintenance: Last orders?"
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Eleanor Aguirre summarises best practice when dealing with pension sharing ‘The law and practice on pension sharing is not straightforward, but equally it is not the impossible minefield many of us fear.’The majority of financial cases involve pensions in one guise or another. Since the advent of pension sharing orders, they have become the most …
Continue reading "Pensions: Fair shares"
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