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Andrew Meehan considers the courts’ approach to privacy in ancillary relief proceedings ‘There is no public policy objection to parties opting for an arbitrator, taking cases out of the court system by way of alternative dispute resolution, collaborative practice or non-binding arbitration in order to preserve privacy.’ The Court of Appeal recently considered, in Lykiardopulo …
Continue reading "Media Access: Family secrets"
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Helen Cort examines how the concepts of parental responsibility and shared residence orders are being applied to increasingly diverse family units ‘It is not incumbent upon a judge to make findings on every issue presented for determination during a hearing, but rather simply those factual issues that have implications for the decisions to be taken.’ …
Continue reading "Children: Sharing parenting"
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Rebecca Dziobon highlights the importance of EU provisions where there is a choice of forum ‘During their marriage, couples will be able to agree which law would apply to their divorce or legal separation with the aim of providing legal certainty, predictability and flexibility.’ It is estimated that 16 million of the 122 million marriages …
Continue reading "International Focus: Uniform rules"
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Barbara Wright and Rosalind Bennett discuss the potential pitfalls of domestic violence protection orders ‘The breach of a non-molestation order is a criminal offence and has to be proved to the criminal standard. If successful, it leaves the victim with the outcome that they have been the means by which the other has been given …
Continue reading "Domestic Abuse: Extra protection"
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David Hodson sets out a summary of the Family Procedure Rules 2010 ‘The new ADR provisions are, in certain respects, very similar to the power to adjourn into mediation in the FLA 1996, but do not include provision for the mediator to report back to the court.’ The Family Procedure Rules 2010 (No 2955) (FPR …
Continue reading "Procedure: New rules"
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In the conclusion to his two-part analysis of the regulation of embryology, Seamus Burns highlights the work undertaken by the Human Fertilisation and Embryology Authority ‘Fertility treatment that had been highly controversial has, in 2010/11, become the norm or conventional medical treatment for many due, in no small measure, to the overseeing, monitoring role of …
Continue reading "Embryology: Looking back"
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Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’ The case …
Continue reading "Inherited Assets: Preserving for the future"
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Sarah Passemard and Helen Cort examine the Court of Appeal’s decision in Re F (Children: Internal Relocation) [2010] and consider whether it marks a change in the court’s approach to internal relocation cases ‘The test applied to a case for “purely local relocation” is less stringent than in a case where the application is for …
Continue reading "Children: Geographical issues"
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Kirstie Gibson outlines the differences between applications to set aside and appeals in the light of recent Court of Appeal decisions ‘The sharing principle should not be imposed on other starting points in relation to particular types of assets, depending on whether they were matrimonial or non-matrimonial.’ The recent Court of Appeal decision in Kingdon …
Continue reading "Disclosure: A second bite"
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Lucy Loizou and Hannah Budd set out the potential options for marital agreements as considered in the Law Commission’s consultation paper ‘Some European jurisdictions do not allow couples to opt out by agreement of their obligations to ‘maintain’ one another after a divorce and a marital agreement can relate only to what would be perceived …
Continue reading "Law Reform: Changing times"
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