May 2014 #136 – Law Journals

ADR: Fair to compare

In the second of a two-part consideration of the role of the mediator and MIAMs, Andrew Baines highlights the advantages and disadvantages of mediation and the court process ‘By going to mediation, parents keep control over what is their process and their decisions taken in relation to the care of their child.’ Part one: ‘Outlining …

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Child Support: New rules

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Marwa Hadi looks at the latest developments in statutory child support ‘The aim is that cases using the CSA1 and CSA2 schemes are to be transferred to the new scheme and that the Child Support Agency will be gradually closed.’ It started with the best of intentions, and the concept enjoyed universal support, but the …

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In Practice: Radical reform

Tara Deegan sets out two of the key developments in the family justice system: compulsory MIAMs and the introduction of the single family court ‘Whether for or against mediation, it is clear that from April no family case will reach the court regarding children or property unless the couple have explored mediation first.’ Some of …

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Periodical Payments: Time check

In the conclusion to a two-part analysis of periodical payments, Sonny Patel discusses the courts’ approach to the duration of orders ‘Cohabitation with a new partner by the payee will not automatically terminate a joint lives maintenance order but the new partner’s means and capacity to contribute to the payee’s household should be assessed and …

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Financial Provision: Future proofing

Camilla Thornton outlines the courts’ approach to income such as bonuses and how this may be reflected in an order for periodical payments ‘The inherent uncertainty of bonus payments provides, in part, the reason why the setting of a cap is essential in order to avoid the unintentional unfairness which may arise as a consequence …

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International Focus: Plus ça change

Suzanne Kingston, Adele Pledger and Paulina Sandler examine whether the long-awaited Law Commission recommendations on marital agreements will result in change, or business as usual ‘Lawyers will be responsible for advising clients of the rights they may be giving up in signing a QNA and will be required to sign a statement to that effect.’ …

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