July/August 2021 #205 – Law Journals

Child abduction: Communication is key

Shazia Khan examines guidance from the Court of Appeal as to issues of consent in child abduction proceedings In Re G, by delivering the children to the mother and arranging for their travel documents including their birth certificates, the father had ‘fatally compromised’ his case that consent had not been given for their removal. In …

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Litigation funding: Levelling the field

Nigel Shepherd looks at litigation funding in family cases and the key regulatory and practice guidance relevant for such funding arrangements It may be safe to explain the key aspects of the litigation funding, but the lawyer should not offer or attempt to give any detailed financial or technical advice. Family lawyers are committed to …

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Financial provision: Risky business

David Wilkinson analyses a recent decision on an application to set aside based on the impact of Covid-19 on asset values In FRB v DCA (No 3), a dearth of evidence regarding the specific impact of the pandemic on the husband’s extensive asset base, which ranged across various countries and industries, coupled with unfavourable findings …

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Tax: Planning for the future in the present

Rosalind Fitzgerald and Sofia Thomas discuss the practicalities of ‘nesting’ child arrangements and the tax issues that may arise In a nesting arrangement, if both parties are going to utilise the second home for some time, it may well make sense to transfer the property into joint names, so that the annual CGT exemption for …

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Non-matrimonial assets: To mingle or not to mingle?

Rebecca Viola summarises the approach taken to trust assets introduced into a marriage and the factors that will be taken into account by the court as to the nature of such assets Property or assets owned by a party which derive from a source outside the marriage will not per se be excluded from the …

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Special contributions: Consigned to history?

Lisa Churchill highlights how the approach to special contributions has changed over the years and how such contributions have been quantified by the courts The courts are seemingly now more cautious in departing from equality due to the special contribution of one party. Special contribution in a marriage has often been a difficult argument to …

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Thwaite jurisdiction: The significance of change

Hannah Currie considers a decision in complex financial remedy proceedings where the court was concerned with the application of the Thwaite jurisdiction in relation to a Rose order When looking at whether the Thwaite jurisdiction applies, a key point to consider is whether there has been a material change in the circumstances since the order …

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