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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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Amy Harris contemplates the finality of separation agreements and applications to show cause ‘The court found that both parties gained from the agreement in one way or another and it was not until 20 years later that the wife sought to revisit the separation agreement on the basis that she had fallen upon hard times.’ …
Continue reading "Separation Agreements: No second chance"
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Mark Harper and Myfanwy Probyn discuss the circumstances in which a biological father of a child born to lesbian civil partners is not a legal parent ‘Baker J stated that, in passing HFEA 2008, Parliament had changed the law on donation to recognise lesbian parents as joint legal parents and that those provisions not only …
Continue reading "Parentage: Unclear intentions"
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James Copson considers the implications and practical consequences of the Supreme Court’s decision in Prest ‘Respondents and companies will be looking for ways of rebutting the presumption of a resulting trust – as is clear from Prest the weight of evidence will vary from case to case.’At first glance the Supreme Court ruling in Prest …
Continue reading "Financial Provision: Open and shut case?"
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In the conclusion to a two-part consideration of the changing legal market, Paul Linsell and Kate Stovold look at the increase in ‘unbundled’ legal services ‘In a changing market, we may need to provide ‘unbundled’ services, whether by way of discrete advice about a specific step or steps in a case or a specific issue, …
Continue reading "In Practice: The rise of DIY divorce"
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Zoë Fleetwood and Wendy Ramus examine the two-stage process of transferring care proceedings and the designation of a local authority ‘It was accepted that whichever local authority was identified by Cobb J as the applicant authority would inevitably be bound to rely on the threshold findings made by the original circuit judge who had determined …
Continue reading "Public Children: Determining jurisdiction"
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Lucy Marks and Vitaliy Eremin analyse the potential implications of the coming into force of the 1996 Hague Convention in the Russian Federation ‘The real work in implementing the 1996 Hague Convention is only now starting to take shape in the Russian Federation.’ When it comes to separation and divorce, family lawyers in this country …
Continue reading "International Focus: A permanent predicament"
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Clare Walters explores the potential role of divorce coaching in this jurisdiction and the extent to which it has developed in other jurisdictions. Divorce coaches can, with agreement from their lawyer, accompany their client to mediation, collaborative four-way meeting or to court.’ Partnering with a divorce coach makes sense more than ever as family lawyers …
Continue reading "Divorce Coaching: Helping hand"
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Emily Watson provides clarification on when EU children cases can be dealt with in England and Wales ‘The mother was “proroguing jurisdiction”, ie agreeing that the Spanish court could exercise jurisdiction despite the English court having general territorial jurisdiction.’The case of Re S (A Child) [2013] was heard by Cobb J and dealt with an …
Continue reading "Children: Proroguing jurisdiction"
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