February 2014 #133 – Law Journals

Enforcement: A cautionary tale

Lorna Borthwick highlights the difficulties of enforcing orders against a ‘determined defaulter’ ‘The debtor must be shown to have had the “means to pay” the sum in respect of which they are in default and that they have refused, or neglected, to pay that sum.’ In Constantinides v Constantinides [2013], Holman J was asked to …

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Marital Agreements: No second chances?

In the conclusion to a two-part analysis Che Meakins looks at Xydhias agreements and the procedure to be adopted on a notice to show cause ‘The only way of rendering an agreement enforceable is to convert the concluded agreement into an order of the court. In this respect, the court’s role is not simply to …

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Private Children: Catalogue of errors

Matthew Maynard sets out the issues in Re C (A Child) and examines the challenges facing both parties and the courts in children proceedings ‘Many of the unfortunate issues in Re C arose because of a lack of legal representation.’ It is nearly a year since the legal aid reforms in respect of private law …

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Adoption: Special considerations

Zoë Fleetwood outlines guidance provided by the Court of Appeal regarding adoption proceedings where a placement order is opposed by a parent ‘This article focuses on F (A Child) [2013], a Court of Appeal judgment that provides the practitioner with a thorough examination of the proper interpretation of the law required to make a placement …

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Pensions: Fair shares

T W

Mike Caffyn considers the practical implications, opportunities and pitfalls of pension sharing orders ‘This article highlights some legislative changes that will come into effect from April 2014 and will potentially have a significant effect on the real value of a final salary pension.’Pension sharing orders have become the preferred method of dealing with the value …

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Non-Matrimonial Assets: A question of inclusion

Jane Booth analyses the factors the courts will take into account when considering non-matrimonial assets ‘When considering the division of assets, where the assets are neither matrimonial assets nor jointly generated by the parties, the duration of the marriage might be a significant factor in the determination of the distribution.’ The decision in G v …

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Stalking: Protective measures

Chris Bryden and Katherine Illsley discuss recommendations to increase protection from stalking and the provisions already in place ‘One of the main recommendations resulting from the independent parliamentary inquiry is that: “The family court system should be reformed so that victims are not further abused by perpetrators through the civil and family courts.”’Stalking can cause …

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