Jurisdiction: Home and away

Emily Watson discusses whether the arguments for alternating residence are revolving or evolving Habitual residence is more than just physical presence of the child – it must not be temporary or intefrmittent and there must be some integration in a social and family environment. In Re L (A Child) [2012], the Court of Appeal dealt …
This post is only available to members.

Financial Provision: Building fences

Tracey Dargan and Nathaniel Groarke summarise the courts’ approach to pre-acquired and inherited assets In N v F, Mostyn J stated that he would have excluded more of the husband’s pre-marital assets were it not for the fact that such assets were required to meet the wife’s needs. A number of recent reported cases have …
This post is only available to members.

Marital Agreements: Creating certainty

Lorraine Harvey assesses the courts’ approach and best practice when advising on pre-nuptial agreements As a rule of best practice, any serious attempt at a binding pre-nuptial agreement ought to be executed at least 21 days prior to the marriage. In recent years there has been a sharp rise in the number of couples entering …
This post is only available to members.

In Practice: Riding the waves

Daniel Sanders suggests ways in which family lawyers can assist the court with effective case management Suggesting directions at the last minute does not assist the court, because the other lawyer has simply not had enough time to consider and discuss with their client. Legal life is about to become more complicated – just as …
This post is only available to members.

Validity Of Marriage: Following the rules

Kate Hamilton looks at recent case law on validity of marriage There are numerous couples (knowingly and unknowingly) who undertake ceremonies that are simply not capable of creating a marriage recognised under English law.It is fairly uncommon for the principles relating to the law of nullity to pass across the desk of the average family …
This post is only available to members.

Periodical Payments: Risk assessment

In the conclusion to a two-part consideration, Frances Bailey and Nikki Saxton consider definitions of cohabitation and settlement and drafting options A payee must be aware that regardless of the means of their new partner, they will have no claim personally against their cohabitant for financial support The first part of this article (‘Passing the …
This post is only available to members.

Personal Injury Awards: Competing interests

Sam Hall sets out potential pitfalls and safeguards on how best to protect a personal injury award in divorce proceedings The children and the wife’s needs had priority and thus required a substantial share of the family assets, which included, but were not limited to, the husband’s pre-marital personal injury award. Whenever a client asks …
This post is only available to members.