Nicola Wilburn-Shaw considers issues that may arise in relation to fertility treatment where the parties separate or divorce The courts are not prepared to remove an individual’s right to withdraw their consent as to the use of embryos and the process relating to the provision of consent is not infallible. There has been much media …
Continue reading "Embryology: Tread carefully"
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Wills & Trusts Law Reports | Summer 2021 #183The claimant was the former spouse of the deceased. They were divorced in the Southampton County Court and by an order dated 6 May 1982 (the order) it was provided that neither party was entitled to make a claim against the estate of the other under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act) unless the parties remarried. Although the parties did not remarry, by the time of the deceased’s death they were living under the same roof. The defendants, who were the two sons and executors of the deceased, denied that the claimant and the de...
Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …
Continue reading "Arbitration: A wider appeal"
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In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …
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David Wilkinson reviews the court’s approach in a case involving conduct, multi-faceted litigation and a family business ‘It is arguable that a “predicament of real need” would be exactly what the husband would have been in had the final order penalised him in terms of his conduct.’ Cohen J’s judgment in TT v CDS [2019] …
Continue reading "Financial provision: Path of destruction"
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Suzanne Todd examines family law developments during the millennium so far and what the future holds ‘It is essential for family lawyers to have a bank of highly regarded therapists, counsellors and coaches to whom they can refer clients to ensure that they have the expert advice that they need.’ The 21st century has seen …
Continue reading "In practice: The winds of change"
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Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age ‘For those over the age of 65 who have built up their pensions over a long working life and entirely prior to marriage, it will be of great importance to them to ensure that there is clarity as to how their …
Continue reading "Pre-nuptial agreements: Silver solutions"
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Abigail Lowther considers pre-nuptial agreements and the requirement for needs to be met to ensure such an agreement is valid ‘While the husband could be expected to meet his own needs from income, the possible impact on the children of seeing their father as the “poor relation” would create an unhappy and divisive disparity in …
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Suzanne Kingston and Ciara Moore highlight key considerations for pre-nuptial agreements around the world A panel discussion at the International Academy of Family Lawyers (IAFL) meeting in Stuttgart regarding international pre-nuptial agreements included brilliant lawyers from around the world, who have helped prepare this article. We considered a number of the key issues of the …
Continue reading "International focus: Asking the right questions"
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Judith Klyne highlights the significance of legal advice on the terms of a marital agreement, and whether the lack of such advice will be fatal to its validity ‘Legal advice will be a useful indication to the court that the parties have had the terms of their agreement explained to them, but the absence of …
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