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Claire Lawson looks at the new injunction provisions set out in the Family Procedure Rules 2010 ‘The rules and accompanying practice directions in the Family Procedure Rules 2010 remain silent on the definition of an “interim injunction” and the circumstances in which such an order should be made.’ In ‘Protective measures’, FLJ 107, June 2011, …
Continue reading "FPR 2010: Interim measures"
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Kirstie Gibson studies the courts’ approach to pre-acquired wealth in a long marriage ‘Pre-marital property should be taken into account because it represents a contribution made by one party unmatched by an equivalent contribution from the other party.’ In Charman v Charman [2007] the court said that for nearly five years, since White v White …
Continue reading "Pre-Acquired Wealth: Counting contributions"
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In the first half of a two-part analysis, Andrew Moore discusses practical and tactical considerations when providing a home under Schedule 1 to the Children Act 1989 ‘Current case law is still firmly opposed to restricting parents with residence from internal relocation unless there is a legitimate reason to do so.’ Given the diverse nature …
Continue reading "Children Act 1989: House and home"
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Luke Barnes cautions against overlooking the significance of joint tenancies and severance ‘A failure to sever a joint tenancy during ancillary relief proceedings can have dramatic and unexpected consequences.’ It is a fair bet that most family and private client practitioners will have advised a client to consider severing the beneficial joint tenancy of co-owned …
Continue reading "Joint Tenancies: Cutting ties"
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Julian Bremner analyses the impact of the treatment of pre-marriage assets on the courts’ approach ‘The court in K v L [2011] was at pains to point out that the recognition that one partner had made a greater financial contribution to the marriage than the other is not discriminative and, although superficial differences should not …
Continue reading "Pre-Marriage Assets: Modest standards"
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David Salter contemplates recent legislative changes to pension provisions It would be wrong to think that the Family Proceedings Rules 2010 simply replicate the pension provisions of the Family Proceedings Rules 1991 with nothing more than an updating of terminology.’On 6 April 2011, not only did we see the new pensions procedures in the Family …
Continue reading "Pensions: Out with the old"
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David Hodson highlights the provisions of the new EU maintenance regulations ‘The separation of resolution of maintenance and non-maintenance is completely normal for continental European family lawyers, but completely alien and seemingly very strange to English practitioners.’ On 18 June 2011, the EU Maintenance Regulation of 18 December 2008 will apply directly within English domestic …
Continue reading "International: Crossing borders"
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Frances Bailey and Steven Watson examine the options when dealing with family businesses ‘A lump sum payment may be ordered if it is established or accepted that the party will be able to extract liquidity out of the company to meet that payment.’When it comes to negotiating financial settlements, finding the right result for our …
Continue reading "Companies: Corporate raiders"
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Robert Holland considers the forensic accountancy aspects of valuations and earning capacity in the Court of Appeal’s decision in Jones v Jones ‘In light of the current pace of change and technological development it is by no means fanciful to consider that valuable and high earning skills today could become redundant at some point in …
Continue reading "Valuations: Assessing assets"
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Margaret Hatwood outlines the court’s approach when a payee under a financial order cohabits ‘On a variation application, the court will look at the financial impact of any cohabitation on the needs of a payee. A cohabitant is expected to pay their way, and if a cohabitant can more than pay their way then this …
Continue reading "Cohabitation: Moving on"
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