July/August 2013 #128 – Law Journals

Financial Provision: Open and shut case?

James Copson considers the implications and practical consequences of the Supreme Court’s decision in Prest ‘Respondents and companies will be looking for ways of rebutting the presumption of a resulting trust – as is clear from Prest the weight of evidence will vary from case to case.’At first glance the Supreme Court ruling in Prest …

Continue reading "Financial Provision: Open and shut case?"

This post is only available to members.

In Practice: The rise of DIY divorce

In the conclusion to a two-part consideration of the changing legal market, Paul Linsell and Kate Stovold look at the increase in ‘unbundled’ legal services ‘In a changing market, we may need to provide ‘unbundled’ services, whether by way of discrete advice about a specific step or steps in a case or a specific issue, …

Continue reading "In Practice: The rise of DIY divorce"

This post is only available to members.

Public Children: Determining jurisdiction

Zoë Fleetwood and Wendy Ramus examine the two-stage process of transferring care proceedings and the designation of a local authority ‘It was accepted that whichever local authority was identified by Cobb J as the applicant authority would inevitably be bound to rely on the threshold findings made by the original circuit judge who had determined …

Continue reading "Public Children: Determining jurisdiction"

This post is only available to members.

International Focus: A permanent predicament

Lucy Marks and Vitaliy Eremin analyse the potential implications of the coming into force of the 1996 Hague Convention in the Russian Federation ‘The real work in implementing the 1996 Hague Convention is only now starting to take shape in the Russian Federation.’ When it comes to separation and divorce, family lawyers in this country …

Continue reading "International Focus: A permanent predicament"

This post is only available to members.

Divorce Coaching: Helping hand

L W

Clare Walters explores the potential role of divorce coaching in this jurisdiction and the extent to which it has developed in other jurisdictions. Divorce coaches can, with agreement from their lawyer, accompany their client to mediation, collaborative four-way meeting or to court.’ Partnering with a divorce coach makes sense more than ever as family lawyers …

Continue reading "Divorce Coaching: Helping hand"

This post is only available to members.

Separation Agreements: No second chance

Amy Harris contemplates the finality of separation agreements and applications to show cause ‘The court found that both parties gained from the agreement in one way or another and it was not until 20 years later that the wife sought to revisit the separation agreement on the basis that she had fallen upon hard times.’ …

Continue reading "Separation Agreements: No second chance"

This post is only available to members.

Parentage: Unclear intentions

Mark Harper and Myfanwy Probyn discuss the circumstances in which a biological father of a child born to lesbian civil partners is not a legal parent ‘Baker J stated that, in passing HFEA 2008, Parliament had changed the law on donation to recognise lesbian parents as joint legal parents and that those provisions not only …

Continue reading "Parentage: Unclear intentions"

This post is only available to members.