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In the first of a two-part consideration Frances Bailey and Nikki Saxton look at the impact of cohabitation on spousal periodical payments The former spouse would be relieved of their obligation to contribute to the needs of their family (beyond child support) regardless of their wealth, the length of the marriage and whether the former …
Continue reading "Periodical Payments: Passing the buck"
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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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Fiona Wilson examines the approach to evidence and contributions in recent sole name cohabitant cases If the property-owning party does not want the other to acquire an interest in the property, draw up a living together agreement that makes it clear that there is no intention that that is what is to happen. When the …
Continue reading "Cohabitants: Fair shares"
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Amy Harris highlights the procedural lessons in relation to divorce procedure in Kim v Morris The court has no discretion to grant a decree absolute after a period of reconciliation and cohabitation following knowledge of adultery and in those circumstances there is an absolute bar. Unusually, the decision in Kim v Morris [2012] relates to …
Continue reading "Divorce: No second chances"
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Claire Glaister sets out the significance of the decision in Revenue and Customs v Charman for privacy and privilege in family proceedings HMRC argued that it is in the public interest for the right amount of tax to be paid by tax payers, and that the documents requested were directly relevant Tax avoidance is currently …
Continue reading "Disclosure: Behind closed doors"
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Linzi Bull reviews the courts’ approach to parental responsibility disputes with a focus on same-sex relationships Who will have parental responsibility (as well as what roles and responsibilities each adult will have in a child’s life) should form part of prospective parents’ discussions before a child is conceived. Parental responsibility is an important issue for …
Continue reading "Same-Sex Relationships: Shared responsibilities"
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In the first of a two-part consideration Seamus Burns looks at the draft NICE Guidelines on the availability of IVF treatment The true extent of infertility in the UK must surely be a ‘guestimate’, but it is believed that approximately one in six heterosexual couples in the UK is affected by infertility. The draft revised …
Continue reading "Embryology: National lottery?"
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Chris McIntosh and Duncan Ranton summarise lesser-known aspects of the EU maintenance regulation A parent from another EU member state will be entitled to have a decision about child maintenance registered and enforced in the UK courtesy of the British taxpayer. There has been a lot of interest over the past year in the family …
Continue reading "International Focus: The devil is in the details"
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In the first of a two-part analysis, Julian Bremner, Marjet van Yperen-Groenleer and Kate Mooney compare and contrast the approach to spousal maintenance in England and Wales, the Netherlands and Australia In the Netherlands, the division and distribution of property arises according to either the prenuptial agreement or, in the absence of such a document, …
Continue reading "Spousal Maintenance: Hand up not hand out?"
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