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Paula Butterworth analyses the impact of the Supreme Court decision Prest in a cohabitant case ‘It was accepted by the Court of Appeal that this was not a case in which there was scope to pierce the corporate veil, so as to identify the second defendant company with the first defendant.’ The Court of Appeal …
Continue reading "Cohabitants: Life after Prest"
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Vicki McLynn explains why the Court of Appeal’s decision in Tattershall is a reassuring reminder on needs ‘The decision in Tattershall is more a reassuring reminder that in many financial remedy cases the starting point and the finishing point is the needs of the parties.’ Reported decisions in financial remedy cases very often involve substantial …
Continue reading "Financial Provision: Limited appeal"
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Brian Dempsey compares legislation on marriage for same-sex couples in England with that in Scotland ‘Neither the English nor the Scottish provisions create a new status of ‘same-sex marriage’ and references to ‘same-sex marriage’ are therefore both incorrect and suspect.’The UK and Scottish governments have acted to allow same-sex couples to marry. This has been …
Continue reading "Same-Sex Marriage: Equal rights"
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Anna Heenan looks at the circumstances in which a decree nisi may be set aside and the interaction with jurisdiction issues ‘If it is argued that decree nisi should be set aside because the court made an error on the basis of the materials before it then the proper course of action is to appeal …
Continue reading "Divorce: No going back?"
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In the first of a two-part analysis, Margaret Heathcote sets out the changes to expert evidence introduced earlier this year and the impact seen to date ‘What is ‘necessary’ in care proceedings (the conclusion of which may mean the removal of a child from their birth parents) is likely to differ from what is necessary …
Continue reading "Expert Evidence: Out of necessity"
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Rebecca Huxford considers the arguments for and against the introduction of a limitation period in financial proceedings ‘There are cases where the applicant may have very good reasons for not bringing the claim earlier, even if the delay is one of many years.’ Unlike most areas of law, limitation periods are unfamiliar territory to family …
Continue reading "Financial Provision: Time is money"
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Kim Beatson and Lehna Hewitt look at recent decisions on leave to remove and the factors that will be taken into account by the courts ‘In Re B (Children) Thorpe LJ stressed that each case was fact-dependent and that the applicant’s explanation for the planned relocation would be at the core of every case.’ Holman …
Continue reading "Leave To Remove: Best made plans"
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Sonny Patel sets out the courts’ approach to inherited assets and steps that can be taken to protect the interests of parties ‘The duration of the marriage, and the duration of the time the wealth had been enjoyed by the parties, will be relevant, so too their standard of living and the extent to which …
Continue reading "Inherited Assets: Defining assets"
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Julian Bremner examines whether the decision in Thursfield v Thursfield makes it more likely or not that committal orders in family proceedings will be made ‘There is a perception in the profession that the courts are deeply reluctant to imprison a defaulting party for what can be seen as the “white collar crime” of ignoring …
Continue reading "Enforcement: Civil commitment"
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Sarah Woodsford and Mary Gaskins summarise guidance and practice points on freezing orders in UL v BK (Freezing Orders: Safeguards: Standard Examples) ‘There has to be proof of an intention to dissipate, which means a deliberate or reckless dealing in relation to assets, rather than some random event unconnected to the motives of the respondent.’ …
Continue reading "Freezing Orders: A judicial warning"
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