March 2019 #184 – Law Journals

Financial provison: Behind the scenes

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Amy Harris analyses a case involving the consideration of a resulting trust, inheritance prospects and whether support from a third party could be inferred ‘The husband did not have a beneficial interest in the former matrimonial home as it was subject to a resulting trust and therefore not a matrimonial resource available for distribution.’ In …

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Variation: Opening the door

Andrew Scott examines a long-running case as to the revision of a final order to reflect subsequent events and the jurisdiction of the court to do so ‘In Bezeliansky, the Court of Appeal approved Thwaite and confirmed the court’s power to vary an order, or make a new order, when new evidence is presented and …

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Periodical payments: Which way forward?

Andrew Smith discusses methods of enforcing periodical payment orders, the approach to arrears more than 12 months old and the potential for reform ‘Where it is known that the payee has a property, consideration should be given at an earlier stage to whether a secured periodical payments order may be more effective in the first …

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Parental alienation: The importance of acting quickly

Alice Quirk and Suzanna Eames set out the principles of parental alienation, considering the court’s approach and the practical realities of advising in such cases ‘A fact-finding hearing should be used to ascertain whether a parent has been alienating their child, but also to make findings as to any allegations of abuse made against the …

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Jurisdiction: Multiple choice

Fiona Wood considers multi-jurisdictional cases within the EU and the requirements in order for a member state to be seised of proceedings ‘By virtue of Art 8, Brussels II bis, the courts of a member state have jurisdiction in matters of parental responsibility over a child who is habitually resident in the member state at …

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Brexit: The good, the bad and the ugly

Charlotte Bradley and Stacey Nevin highlight areas where there is likely to be a lacuna in the law as a result of Brexit and ask whether Brexit may present opportunities to reform family law for the better ‘Jurisdiction requirements for divorce, civil partnerships or judicial separation are an obvious area in need of domestic reform …

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Conduct: Balancing the scales

Elizabeth Simos looks at issues of conduct and non-disclosure, and the impact where adverse inferences are drawn in needs cases ‘Arguments as to add-backs essentially come down to issues of conduct, namely conduct that it would, in the opinion of the court, be inequitable to disregard.’ Much to the dismay of ‘wronged’ spouses in England …

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