November 2016 #161 – Law Journals

Insolvency: Proceed with caution

Rebecca Stone looks at the implications of bankruptcy both prior to and following a financial agreement or order ‘A property adjustment order may not be made once a spouse has been declared bankrupt because the court has no jurisdiction to make an order in relation to assets that have vested in the trustee.’ The ramifications …

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Non-Matrimonial Assets: Further distinction

Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth ‘Assuming the parties’ needs are met, the courts may distinguish between different categories of non-matrimonial property.’Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during their …

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Maintenance Pending Suit: Interim measures

Josh Green provides a refresher on why, when and how an application should be made for maintenance pending suit ‘The length of time between the application and an ultimate financial resolution will determine whether or not any such application is proportionate in terms of costs’.This article sets out the practical considerations that family lawyers should …

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Children: History repeated

Susan Reed asks whether the lessons of the Cleveland inquiry have still not been learned ‘The professional failures of the various agencies involved with the family in AS v TH meant that the children were not only left in a situation where one parent was permitted to persist in conduct that was harmful to their …

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Relocation: Shall I stay, or should I go?

Lottie Tyler focuses on the potential impact of the Brexit vote on international child relocation ‘The lack of a child arrangements order does not negate the requirement to have the consent of the other parent to the relocation or alternatively leave of the court.’ Speculation regarding the impact on day-to-day life of leaving the EU …

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International Focus: Enforcement down under

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Jason Schroen examines whether a pre-nuptial agreement entered into in England and Wales is enforceable in Australia ‘Australia is not a signatory to any convention or international agreement that binds the Family Court of Australia to enforce any foreign agreement or order that purports to alter the property interests between parties to a marriage or …

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Parental Responsibility: In the extreme

Rita Veitch presents an overview of the basis on which the court may terminate the parental responsibility of an unmarried father ‘The main considerations when looking at an application for parental responsibility are the degree of commitment and evidence of attachment, and therefore the same factors should be considered when looking at an application to …

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