Miller-Smith v Miller-Smith [2009] EWHC 3623 (Fam); [2009] EWCA Civ 1297 – Law Journals

Interim orders: Lack of consensus

Katie Lowe and Clare Williams look at the options for an interim order for sale, and the differing approaches taken by the courts ‘Cobb J appears to differ from Mostyn J as to whether an application to terminate home rights under s33(3)(e), FLA 1996 can simply be inferred, especially as the court is unable to …

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Divorce: Finding fault

Emma Morris and Lara Myers look at the factors that may prevent pronouncement of a decree, and the increasing calls for the introduction of no-fault divorce ‘It seems that the court’s inquiry is extremely limited where an acknowledgement of service indicates that the petition is undefended, and that a requirement for further evidence or a …

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Decree Absolute: Seeking closure

Claire Glaister looks at the powers of the court upon an application for decree absolute by the respondent to divorce proceedings ‘The court has discretion to make or refuse to make a decree absolute but generally will only stay the pronouncement of the decree in exceptional circumstances.’ It is not unusual to represent a respondent …

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Capital Orders: Interim measures

Fiona Wood looks at the type and appropriateness of interim capital orders that may be made under a variety of provisions It is possible under a variety of provisions to obtain an “interim” order for sale of a property or an interim lump sum order. However, the circumstances in which these applications are likely to …

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Interim Orders: Relative rarity

Frank Prior and Victoria Ferguson examine the limited, and sometimes unique, circumstances in which an interim property order may be made Procedural rules are not there to plug the gaps the substantive law has left behind. Every day court lists groan under the weight of litigants, and with even more litigants in person expected after …

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Divorce: Outside the norm

In the conclusion to their two-part discussion Claire Glaister and Frances Bailey look at less commonly used divorce practice and procedure ‘An amended petition will not generally be appropriate where the parties have reconciled and subsequently separated.’ As with part one of this guide, references are to the relevant rules in the Family Proceedings Rules …

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Divorce: Practice points

In the first of a two-part discussion, Claire Glaister and Frances Bailey look at procedure, practice and potential pitfalls when dealing with divorce proceedings ‘In the increasingly common situation of the parties having been married abroad, a foreign marriage certificate should be accompanied by a translation that has been authenticated by a notary.’ The purpose …

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