February 2019 #183 – Law Journals

Enforcement: Be prepared

Christopher Hames QC considers remedies available to enforce financial orders and ways in which the current provisions may be improved ‘According to the Law Commission’s 2016 report, it estimated that there are around 4,200 enforcement cases in relation to family financial orders each year.’ Getting divorced is one of the most stressful times in life. …

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Schedule 1: Within limits

Michael Chapman and Clare Williams analyse whether, when and how the court will vary a settlement of property order made in proceedings under Sch 1 to the Children Act 1989 ‘It is not difficult to imagine a series of situations that could necessitate the review of an order settling property for the benefit of a …

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Pensions: Home and away

Bethany Davies highlights problems when dealing with overseas pensions or pensions in this jurisdiction that are subject to an overseas order ‘Ordinarily the default position of pension companies in this jurisdiction is that a pension share will not be implemented unless an order has been made by the court in England and Wales.’ Often, aside …

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Conduct: Reclaiming assets

Simon Fisher looks at arguments in favour of an add-back in a case also concerned with fabricated liabilities ‘When making a decision on an add-back, the court must identify a wanton dissipation.’ In R v K [2018] Baker J looked at the issue of add-backs and alleged fabricated liabilities in a financial remedy case. The …

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Child abduction: Out of sight

Carly Weyman provides a reminder of key considerations when dealing with child abduction, in particular in relation to non-1980 Hague Convention countries ‘The situation is more complex for a parent whose child has been taken to a country that is not a signatory to the 1980 Hague Convention, as the non-contracting country is not obliged …

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Arbitration: A better way

Suzanne Kingston and Janet Bazley QC outline developments in arbitration, in particular the children arbitration scheme and interaction between arbitration and the courts ‘In the event that an application for an order reflecting the arbitration determination is opposed, the president’s practice guidance makes clear that the notice to show cause procedure described in S v …

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Marriage: A broader definition

John Oxley examines void and non-marriages, and the approach to religious ceremonies that do not follow formalities ‘The court sought to extend the boundaries of a void marriage, allowing the wife in this case financial relief after a void marriage which lasted longer than many valid ones.’ In Akhter v Khan [2018], Williams J extended …

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