April 2012 #115 – Law Journals

Insolvency: Defined interests

Liz Cowell examines the courts’ approach to insolvency and transactions at an undervalue ‘A trustee in bankruptcy has the power to apply to the court for an order to restore the bankrupt to the position they would have been in prior to having entered into a transaction at an undervalue.’ The position of the spouse …

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Adoption: Improving outcomes

Rachel Cook looks at the government proposals on adoption and alternative solutions ‘We all want better outcomes for children – if the experts are telling us that the optimum age for adoption is 12 months then we need to get a move on.’The topic of adoption seems, once again, to be in the news. You …

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Marital Agreements: Autonomous issues

Amy Harris considers the post- Radmacher approach to marital agreements ‘While a nuptial agreement is a relevant factor, the court will determine the award to be made by reference to the provisions of the MCA 1973.’ The Supreme Court in Granatino v Radmacher [2010] held that: … the court should give effect to a nuptial …

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Children: Equal sharing

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Amanda Melton looks at the government response to the Family Justice Review recommendations and the potential issues ‘Some of the risks highlighted by the Family Justice Panel are difficult to ignore. While the impact may be considered minimal to those in the legal profession, there is a concern about how it will be interpreted by …

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Financial Provision: Needs must

Clare Williams analyses the courts’ approach in a limited assets case and the correct procedure on appeal ‘In a case where needs were so utterly dominant and resources so tight, it may come as a surprise that any consideration of pre-marital contributions was on the table.’ Family lawyers often complain about the remoteness of the …

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Religious Law: Islamic solutions

Aina Khan compares and contrasts Islamic family law with domestic family law ‘We receive daily enquiries from mostly UK-born Muslims who are under 40 and see no contradiction in being British and Muslim. They want both these legal needs met.’ This is a fascinating area of law and one that is seeing rapid development. This …

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Older Divorce: Saga divorces

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Neale Grearson and Hanna Stek highlight the particular challenges and options when dealing with clients who divorce in later life ‘While we are all used to divorces taking place in younger age groups, the thought of an increasing number of divorces in the 65+ age group and higher can seem surprising.’The one thing that we …

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