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Heather Souter reflects on the usefulness of the millionaire’s defence in Sch 1 proceedings in the context of the statutory criteria While Re Z confirms that the millionaire’s defence may be raised and relied upon in Sch 1 proceedings, it is important to note that such a defence does not give blanket protection when it …
Continue reading "Schedule 1: Viewed in the round"
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Harry White discusses circumstances in which the court’s residual parens patriae jurisdiction may be utilised where a child is a British national but not habitually resident in England and Wales In order for the court to exercise the residual jurisdiction there must exist circumstances which are sufficiently compelling to require or make it necessary that …
Continue reading "Jurisdiction: Only with good reason"
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Andrew Baines looks at the use of metaphors in discussions in family cases and how narrative is used to navigate reality We cannot divorce the creation of our meaning from our physical, social and cultural experiences and any message we send is then filtered through the recipient’s physical, social and cultural experiences. It only takes …
Continue reading "In practice: Common communication"
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Emily Finn considers the approach of the courts to choice of law clauses in nuptial agreements If nuptial agreements are usually binding in the parties’ chosen jurisdiction, that should act as a strong indication to the court in England and Wales that parties intend to be bound by the terms, including a choice of law …
Continue reading "Nuptial agreements: Place of preference"
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Molly Betts examines the ongoing significance of the EU Maintenance Regulation in relation to non-EU member states It was argued on behalf of the father that, had the proceedings which were actually issued in Monaco been issued in another member state, then those proceedings would have had priority under the EU Maintenance Regulation and the …
Continue reading "Enforcement: Continuing relevance"
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Victoria Batstone and Sean Hilton highlight potential issues if the UK is unable to rejoin the Lugano Convention 2007 It is increasingly difficult for family lawyers to provide clear and certain advice to multinational clients who are considering issuing proceedings. The European Commission’s (on behalf of the European Union) block in relation to the UK’s …
Continue reading "International focus: Out in the cold?"
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Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …
Continue reading "Financial remedies: A misspent youth?"
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Vikkie Chetcuti examines the meaning of associated person in the Family Law Act 1996 and the extent to which the courts may adopt a purposive approach to interpreting statutory language The structure of FLA 1996 indicates that Parliament was prepared to include certain step-relationships in respect of relationships of lineal descent but decided not to …
Continue reading "Domestic abuse: Drawing a line"
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Richard Adams highlights the tension between the legislative provision and public policy considerations where a declaration is sought in relation to an adopted child A declaration of parentage is intended to be an authoritative statement of the fact so declared, while the effect of an adoption order is as to the legal status of the …
Continue reading "Declarations of parentage: From another perspective"
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Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …
Continue reading "Financial provision: Under the radar?"
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