June 2018 #177 – Law Journals

Interim orders: Lack of consensus

Katie Lowe and Clare Williams look at the options for an interim order for sale, and the differing approaches taken by the courts ‘Cobb J appears to differ from Mostyn J as to whether an application to terminate home rights under s33(3)(e), FLA 1996 can simply be inferred, especially as the court is unable to …

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Surrogacy: Welfare first

Jeremy Ford reviews recent developments and proposed reforms to the law relating to surrogacy ‘The only governing principle remains the paramountcy of the child’s welfare with particular consideration to be given to the part each adult can play in the child’s life.’ While litigated surrogacy arrangements remain relatively rare, case law all too often reflects …

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Joint bank accounts: Shared intentions

Antonia Barker analyses the approach to joint accounts and the significance of a declaration as to the beneficial ownership of such an account ‘Where there is a joint account, there is a single contractual relationship between the holders and the bank’. In Whitlock v Moree [2017] the Privy Council, on appeal from the Court of …

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Private children: Extended families

Demelza Wrigley considers the extent to which the courts will accommodate a person who is not a legal parent as to contact with a child ‘While discussions had taken place with regard to the father’s involvement with the child, there was no agreement as to the conclusion to those discussions and there was no written …

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Undertakings: Considering the options

Danielle Taylor outlines the use, drafting and enforcement of undertakings in financial remedy proceedings ‘Standard orders now include a number of provisions that were previously incorporated into financial remedy orders as undertakings, for example the payment of a mortgage and other outgoings.’ Undertakings frequently feature in financial remedy orders that are made by either consent …

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Periodical payments: Creative accounting

Emma Doughty explores the practical challenges when negotiating periodical payments, with a particular focus on cases involving a high-earning spouse ‘Global periodical payments orders are legitimate provided there is a “substantial ingredient of spousal support”, because such orders do not challenge the jurisdiction of the CMS.’ The decision in AB v CD [2017] illustrates the …

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International focus: Make a choice

Sophie Ducamp-Monod and Simrun Garcha examine forthcoming EU regulations changing the ways in which British spouses may deal with their property in France ‘From 29 January 2019 it will no longer be possible for British couples to choose a French matrimonial property regime to apply to only their French assets.’ This article is concerned with …

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