March 2015 #144 – Law Journals

International Families: Proceed with caution

Zoe Bloom and Hed Amitai examine potential pitfalls for international families and protective measures including nuptial agreements ‘To start divorce proceedings in England and Wales it is only necessary to show habitual residence here. This means that couples moving to England […] are fully exposed to family law in this jurisdiction.’ International mobility is now …

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Periodical Payments: Short-term solution

Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant.’ There seems to have been a sea-change in recent years with …

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Financial Provision After Overseas Divorce: Second bite

Frank Prior considers whether Part III of the Matrimonial and Family Proceedings Act 1984 remains a relevant option ‘Part III, MFPA 1984 meant that the courts of England and Wales had the discretion to make financial provision following overseas divorces, subject to certain criteria being met.’ I suspect I will find you shivering with cold …

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International Focus: Common ground

Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea conclude their comparison of family law in England and Wales, Hong Kong and Singapore ‘In comparison with Hong Kong, the legislature in Singapore is much clearer as to the power of the court in relation to custody.’ The first part of this comparative article considered the …

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Mediation: Universal panacea?

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Tracy Winstanley highlights how compulsory MIAMs are working in practice ‘More judges are minded to suggest mediation to parties in cases where they consider the issues are capable of being resolved during the course of an application, at whatever stage that may be.’ Since 22 April 2014, as a consequence of s10, Children and Families …

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Public Children: State versus parents

Alice Twaite looks at ‘hidden’ litigants in person and practical safeguards for parents facing removal of a child ‘Parental efforts to challenge a refusal of legal aid, and aspects of the funding scheme, through judicial review are “stymied” by lack of costs protection, due to the very legal aid ineligibility they seek to challenge.’ Amid …

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