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Kate Hamilton looks at recent case law on validity of marriage There are numerous couples (knowingly and unknowingly) who undertake ceremonies that are simply not capable of creating a marriage recognised under English law.It is fairly uncommon for the principles relating to the law of nullity to pass across the desk of the average family …
Continue reading "Validity Of Marriage: Following the rules"
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In the conclusion to a two-part consideration, Frances Bailey and Nikki Saxton consider definitions of cohabitation and settlement and drafting options A payee must be aware that regardless of the means of their new partner, they will have no claim personally against their cohabitant for financial support The first part of this article (‘Passing the …
Continue reading "Periodical Payments: Risk assessment"
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Sam Hall sets out potential pitfalls and safeguards on how best to protect a personal injury award in divorce proceedings The children and the wife’s needs had priority and thus required a substantial share of the family assets, which included, but were not limited to, the husband’s pre-marital personal injury award. Whenever a client asks …
Continue reading "Personal Injury Awards: Competing interests"
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Emily Watson discusses whether the arguments for alternating residence are revolving or evolving Habitual residence is more than just physical presence of the child – it must not be temporary or intefrmittent and there must be some integration in a social and family environment. In Re L (A Child) [2012], the Court of Appeal dealt …
Continue reading "Jurisdiction: Home and away"
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Tracey Dargan and Nathaniel Groarke summarise the courts’ approach to pre-acquired and inherited assets In N v F, Mostyn J stated that he would have excluded more of the husband’s pre-marital assets were it not for the fact that such assets were required to meet the wife’s needs. A number of recent reported cases have …
Continue reading "Financial Provision: Building fences"
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Lorraine Harvey assesses the courts’ approach and best practice when advising on pre-nuptial agreements As a rule of best practice, any serious attempt at a binding pre-nuptial agreement ought to be executed at least 21 days prior to the marriage. In recent years there has been a sharp rise in the number of couples entering …
Continue reading "Marital Agreements: Creating certainty"
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Daniel Sanders suggests ways in which family lawyers can assist the court with effective case management Suggesting directions at the last minute does not assist the court, because the other lawyer has simply not had enough time to consider and discuss with their client. Legal life is about to become more complicated – just as …
Continue reading "In Practice: Riding the waves"
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Patricia Robinson considers best practice when dealing with disclosure The parties’ duty to the court to provide full, frank and clear disclosure is absolute, and also a breach by commission is serious and amounts to plain perjury, whereas a breach by omission can be excused as an oversight. As set out in the Family Procedure …
Continue reading "Financial Provision: Defining disclosure"
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In the concluding comparison of approaches to spousal maintenance Julian Bremner, Marjet van Yperen-Groenleer and Kate Mooney examine the Australian system and a range of case studies Case law available from the new national scheme in Australia suggests that, like married couples, maintenance does not loom large as an issue for separating cohabitants. In part …
Continue reading "International Focus: A rare beast"
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Brenda Long and Claire Dyer contemplate the lessons to be learnt from the Supreme Court decision in Gow v Grant Scottish lawyers identified a lack of public knowledge about the ability to pursue claims and difficulties in understanding the provisions and the advice they were given. The Scottish case of Gow v Grant [2012] recently …
Continue reading "Cohabitants: Scotland the brave"
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