This category can only be viewed by members.
Catherine Morgan looks at the government plans for same-sex marriage and compares them with civil partnership and opposite-sex marriage There is separate terminology used for the creation, existence and dissolution of civil partnerships (compared to marriages) that suggests a more stark contrast than indicated by an analysis of the legal protections and frameworks in place. …
Continue reading "Same-Sex Marriage: Same difference?"
This post is only available to members.
Carmel Brown considers the importance of procedure in applications for committal Committal can only flow if the judgment creditor proves that the debtor had or did have the means to pay the sum in regard to which they had defaulted. The Court of Appeal decision in Zuk v Zuk [2012] concerned the husband’s appeal against …
Continue reading "Enforcement: Fatal errors"
This post is only available to members.
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"
This post is only available to members.
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"
This post is only available to members.
James Copson analyses the impact of Petrodel v Prest and the repercussions for family lawyers Rimer LJ made it clear that the husband helping himself to the companies’ assets did not alter the status of the companies as separate entities from the owner of their shares. The Court of Appeal decision in Petrodel v Prest …
Continue reading "Corporate Assets: Divisional divide"
This post is only available to members.
Jo Sanders and Linzi Bull set out the courts’ approach to issues of privacy relating to paternity The courts have looked at the extent to which the information is truly about a person’s own life or whether its focus is really primarily rooted in the life and biography of the other party who is opposing …
Continue reading "Privacy: Protective steps"
This post is only available to members.
Eleanor Aguirre considers how needs will impact on inherited assets The former matrimonial home, even if brought into the marriage by one party, usually has a central place and should normally be treated as matrimonial property. The recent High Court judgment in Y v Y [2012] provides a useful reminder of the approach the courts …
Continue reading "Inherited Assets: Balancing point"
This post is only available to members.
In the first of a two-part analysis, Suzanne Kingston and Rachael Kelsey take a comparative view of arbitration around the world The legal framework in Scotland is well suited to the arbitration model, already allowing parties to oust the jurisdiction of the court and come to their own decision without any form of cross-check. In …
Continue reading "ADR: Wide focus"
This post is only available to members.
Mandeep Gill assesses the Court of Appeal decision in Re G (Children) (Education: Religious upbringing) [2012] Welfare extends to and embraces everything that relates to the child’s development as a human being and to the child’s present and future life as a human being. In Re G (Children) (Education: Religious upbringing) [2012] the Court of …
Continue reading "Children: Opposing views"
This post is only available to members.
Frank Prior and Victoria Ferguson examine the limited, and sometimes unique, circumstances in which an interim property order may be made Procedural rules are not there to plug the gaps the substantive law has left behind. Every day court lists groan under the weight of litigants, and with even more litigants in person expected after …
Continue reading "Interim Orders: Relative rarity"
This post is only available to members.
