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Alex Davies considers the significance of the difference between a series of lump sums and a lump sum payable by instalments If inter partes correspondence is not available to a court reviewing the negotiations as to the type of lump-sum order intended (as was the case in Hamilton), the judge will have to review the …
Continue reading "Lump Sum Orders: Providing clarity"
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Amy Harris summarises the case law on the factors to be considered when contact is an issue A prohibition on contact can be justified under Article 8(2) if it is deemed to be in the best interests of the child or the resident parent. The government has issued proposals to introduce a statutory presumption of …
Continue reading "Children: Balancing rights"
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Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …
Continue reading "Intervenors: Shared interests"
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Camilla Thornton looks at the approach of the Court of Appeal in a case involving non-matrimonial assets and problematic evidence The order notionally gave credit to the husband for his contribution, but entitled the wife to benefit from the resources of the marriage to which she had made a significant contribution. The case of Davies …
Continue reading "Financial Provision: Assessing value"
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Captain Juliet McDermott highlights key factors and unique considerations when advising members of the armed forces and their spouses or civil partners. Service personnel may face an increase in their outgoings as they may lose their ongoing entitlement to continuity of education allowance (CEA) on separation and may therefore have to pay school fees.Divorce rates …
Continue reading "Armed Forces Divorce: Service issues"
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Claire Glaister sets out the courts’ approach where parties disagree as to whether a concluded financial agreement has been reached In every case, the court must exercise its independent discretionary review. An agreement reached between two parties in compliance with certain requirements will carry significant weight when the court is considering a claim for financial …
Continue reading "Agreements: Reaching conclusions"
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Lucy Prichard Jones outlines the dangers and potential benefits of social media in family cases The advice is not to rush into making unsolicited contact as the repercussions of establishing contact may be both unwelcome and far-reaching.Social media is a phenomenon that cannot be ignored. It pervades countless aspects of our lives today and those …
Continue reading "Practice: Social network"
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Melanie Barnes navigates the labyrinth of the 2007 Hague Convention In drafting Hague 2007, the Special Commission avoided a definition of maintenance: they acknowledged that in different systems it may extend to a capital lump sum or property transfers. The international community has long acknowledged the right of a child and dependants to be supported …
Continue reading "Hague Convention 2007: Vague about Hague"
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Ellie Foster and Pippa Hayden highlight the impact of third-party resources on maintenance pending suit The court had to understand the extent of financial support provided to the husband by his family and also to examine the extent to which payments had been made historically to the wife by, or via, that source. The recent …
Continue reading "Financial Provision: Interim measures"
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Rebecca Tarn sets out best practice for a successful Schedule 1 Children Act 1989 claim There appears to be some recognition that given that provision for a child only lasts during their dependency (at which time any property adjustment or settlement will revert to the respondent), the applicant should not be prohibited from making some …
Continue reading "Children Act 1989, Schedule 1: The cost of childcare"
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