This category can only be viewed by members.
Amanda Melton looks at the government response to the Family Justice Review recommendations and the potential issues ‘Some of the risks highlighted by the Family Justice Panel are difficult to ignore. While the impact may be considered minimal to those in the legal profession, there is a concern about how it will be interpreted by …
Continue reading "Children: Equal sharing"
This post is only available to members.
Clare Williams analyses the courts’ approach in a limited assets case and the correct procedure on appeal ‘In a case where needs were so utterly dominant and resources so tight, it may come as a surprise that any consideration of pre-marital contributions was on the table.’ Family lawyers often complain about the remoteness of the …
Continue reading "Financial Provision: Needs must"
This post is only available to members.
Aina Khan compares and contrasts Islamic family law with domestic family law ‘We receive daily enquiries from mostly UK-born Muslims who are under 40 and see no contradiction in being British and Muslim. They want both these legal needs met.’ This is a fascinating area of law and one that is seeing rapid development. This …
Continue reading "Religious Law: Islamic solutions"
This post is only available to members.
Neale Grearson and Hanna Stek highlight the particular challenges and options when dealing with clients who divorce in later life ‘While we are all used to divorces taking place in younger age groups, the thought of an increasing number of divorces in the 65+ age group and higher can seem surprising.’The one thing that we …
Continue reading "Older Divorce: Saga divorces"
This post is only available to members.
Liz Cowell examines the courts’ approach to insolvency and transactions at an undervalue ‘A trustee in bankruptcy has the power to apply to the court for an order to restore the bankrupt to the position they would have been in prior to having entered into a transaction at an undervalue.’ The position of the spouse …
Continue reading "Insolvency: Defined interests"
This post is only available to members.
Rachel Cook looks at the government proposals on adoption and alternative solutions ‘We all want better outcomes for children – if the experts are telling us that the optimum age for adoption is 12 months then we need to get a move on.’The topic of adoption seems, once again, to be in the news. You …
Continue reading "Adoption: Improving outcomes"
This post is only available to members.
Amy Harris considers the post- Radmacher approach to marital agreements ‘While a nuptial agreement is a relevant factor, the court will determine the award to be made by reference to the provisions of the MCA 1973.’ The Supreme Court in Granatino v Radmacher [2010] held that: … the court should give effect to a nuptial …
Continue reading "Marital Agreements: Autonomous issues"
This post is only available to members.
Frances Bailey considers the latest case on lottery winnings and the courts’ approach to non-matrimonial assets ‘Much, it is clear, hinges on whether lottery winnings can be deemed matrimonial or non-matrimonial property.’ In ‘Money Can’t Buy You Love’, FLJ100, October 2010, I lamented the very limited guidance on the treatment of lottery winnings by the …
Continue reading "Non-Matrimonial Assets: Sharing windfalls"
This post is only available to members.
Kathryn Britten and Annette Barker set out the role of the forensic accountant in analysing financial information ‘The days of a forensic accountant being appointed as an expert witness solely to opine on one or both of the parties’ financial positions at the trial stage are long gone.’ While the world’s economic landscape is ever-changing, …
Continue reading "Forensic Accountancy: Family fortunes"
This post is only available to members.
Tom Farley-Hills calls for a reconsideration of the costs rules in family proceedings ‘Ultimately, under the current rules, the implications of rejecting the reasonable without prejudice offer are limited because of the no costs principle.’ When the Family Procedure Rules 2010 (FPR 2010) came into effect in April 2011, one of the significant changes they …
Continue reading "Costs: Costs principles"
This post is only available to members.
