March 2013 #124 – Law Journals

Children: Balancing rights

Amy Harris summarises the case law on the factors to be considered when contact is an issue A prohibition on contact can be justified under Article 8(2) if it is deemed to be in the best interests of the child or the resident parent. The government has issued proposals to introduce a statutory presumption of …

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Intervenors: Shared interests

Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …

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Financial Provision: Assessing value

Camilla Thornton looks at the approach of the Court of Appeal in a case involving non-matrimonial assets and problematic evidence The order notionally gave credit to the husband for his contribution, but entitled the wife to benefit from the resources of the marriage to which she had made a significant contribution. The case of Davies …

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Armed Forces Divorce: Service issues

Captain Juliet McDermott highlights key factors and unique considerations when advising members of the armed forces and their spouses or civil partners. Service personnel may face an increase in their outgoings as they may lose their ongoing entitlement to continuity of education allowance (CEA) on separation and may therefore have to pay school fees.Divorce rates …

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Agreements: Reaching conclusions

Claire Glaister sets out the courts’ approach where parties disagree as to whether a concluded financial agreement has been reached In every case, the court must exercise its independent discretionary review. An agreement reached between two parties in compliance with certain requirements will carry significant weight when the court is considering a claim for financial …

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Practice: Social network

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Lucy Prichard Jones outlines the dangers and potential benefits of social media in family cases The advice is not to rush into making unsolicited contact as the repercussions of establishing contact may be both unwelcome and far-reaching.Social media is a phenomenon that cannot be ignored. It pervades countless aspects of our lives today and those …

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Lump Sum Orders: Providing clarity

Alex Davies considers the significance of the difference between a series of lump sums and a lump sum payable by instalments If inter partes correspondence is not available to a court reviewing the negotiations as to the type of lump-sum order intended (as was the case in Hamilton), the judge will have to review the …

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