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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"
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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"
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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"
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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"
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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"
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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"
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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"
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James Brown looks at the Court of Appeal’s approach to committal for consecutive terms of imprisonment for contempt of court ‘It is very much a sanction of last resort with the hope that by the threat of a prison sentence the party will be coerced into compliance.’ Family practitioners will be familiar with the question …
Continue reading "Committal: Double jeopardy"
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Kate Clark reviews the Court of Appeal decision in Re K and adding conditions to contact orders ‘In Re K, the amount of time to be devoted to contact was not really in issue between the parties but, as is so common, the barrier to reaching an agreement was in the details.’ It is often …
Continue reading "Children: Accommodating contact"
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Caroline Watson and Matthew Feldman discuss the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests ‘The question now being asked by practitioners up and down the country is whether the judiciary will again be prepared to step in to clarify the law in cases where there is …
Continue reading "Trusts: Clear intentions"
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