Joanne Green sets out the factors that will be taken into account by the court where a marriage is short, and looks to case law for the principles applied ‘Where pre-acquired non-matrimonial assets have been intermingled with matrimonial assets, the non-matrimonial element is more likely to be excluded from the assets that are to be …
Continue reading "Short Marriages: Brief encounter"
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Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth ‘Assuming the parties’ needs are met, the courts may distinguish between different categories of non-matrimonial property.’ Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during …
Continue reading "Non-Matrimonial Assets: Further distinction"
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James Carroll and Shantel Burbridge highlight the disparity in the courts’ approach to cohabitation that precedes marriage or civil partnership, and cohabitants who do not marry or enter into a civil partnership ‘Figures from the Office of National Statistics (July 2016) show that there has been an increase in those who are cohabiting but have …
Continue reading "Cohabitation: Doublespeak"
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Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea conclude their comparison of family law in England and Wales, Hong Kong and Singapore ‘In comparison with Hong Kong, the legislature in Singapore is much clearer as to the power of the court in relation to custody.’ The first part of this comparative article considered the …
Continue reading "International Focus: Common ground"
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Amy Harris looks at the Cohabitation Rights Bill and the array of provisions dealing with cohabitation for both cohabitants and spouses ‘While cohabitation is not specifically cited as a factor to be taken into consideration by the courts in relation to the Matrimonial Causes Act 1973 1973 it is clear that it is increasingly relevant …
Continue reading "Cohabitation: Time for reform?"
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Catherine Morgan looks at the government plans for same-sex marriage and compares them with civil partnership and opposite-sex marriage There is separate terminology used for the creation, existence and dissolution of civil partnerships (compared to marriages) that suggests a more stark contrast than indicated by an analysis of the legal protections and frameworks in place. …
Continue reading "Same-Sex Marriage: Same difference?"
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Wills & Trusts Law Reports | July/August 2012 #121Mrs Barbara Lilleyman applied for reasonable financial provision from the estate of her late husband Mr Roy Lilleyman pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act). Nigel and Christopher Lilleyman, who were Mr Lilleyman’s sons from a previous marriage, were the executors of Mr Lilleyman’s estate under his will dated 20 May 2008. Nigel and Christopher Littleman were the principal beneficiaries of Mr Lilleyman’s estate and were the defendants to Mrs Lilleyman’s application.
Mr and Mrs Lilleyman had each been married previously and each had two...
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"
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Wills & Trusts Law Reports | January/February 2012 #116On H’s ancillary relief claim, Bodey J awarded him a sum of £5m pursuant to an open offer made by W. W had assets worth approximately £57m and H had assets of approximately £300,000, represented by the former matrimonial home which was transferred to him by W in the course of the divorce. The couple began cohabiting in Israel in 1986, and underwent a ceremony of marriage that was not valid under Israeli law. They married legally in England in 1991, where they have lived ever since. The length of the relationship was 21 years and there are children from the marriage. Substantially the who...
Emma Mould discusses options when dealing with child support issues ‘A contract can clearly only come about where the parties can agree the terms and it will need to be carefully crafted to have the desired effect/s. This will undoubtedly take time and expertise to put together so it is not necessarily a quick, cheap …
Continue reading "Child Support: Ties that bind"
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