October 2012 #120 – Law Journals

Cohabitants: Scotland the brave

Brenda Long and Claire Dyer contemplate the lessons to be learnt from the Supreme Court decision in Gow v Grant Scottish lawyers identified a lack of public knowledge about the ability to pursue claims and difficulties in understanding the provisions and the advice they were given. The Scottish case of Gow v Grant [2012] recently …

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Embryology: Continuing the debate

In the conclusion to a two-part analysis Seamus Burns discusses wider impacts of the draft NICE Guidelines on treatment Patients may erroneously believe that the more IVF treatment cycles you get, the more likely you are to get a live baby. Part one of this article introduced the draft revised fertility guidelines issued for public …

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Child Support: All change

Chris McIntosh analyses the overhaul of the child support system One of the bugbears with the current system is enforcement of maintenance payments and arrears – it is intended that the new system will simplify and strengthen the enforcement armoury. In July 2012, the coalition government published a public consultation document, ‘Supporting Separated Families; securing …

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Periodical Payments: Passing the buck

In the first of a two-part consideration Frances Bailey and Nikki Saxton look at the impact of cohabitation on spousal periodical payments The former spouse would be relieved of their obligation to contribute to the needs of their family (beyond child support) regardless of their wealth, the length of the marriage and whether the former …

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Financial Provision: Defining disclosure

Patricia Robinson considers best practice when dealing with disclosure The parties’ duty to the court to provide full, frank and clear disclosure is absolute, and also a breach by commission is serious and amounts to plain perjury, whereas a breach by omission can be excused as an oversight. As set out in the Family Procedure …

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International Focus: A rare beast

In the concluding comparison of approaches to spousal maintenance Julian Bremner, Marjet van Yperen-Groenleer and Kate Mooney examine the Australian system and a range of case studies Case law available from the new national scheme in Australia suggests that, like married couples, maintenance does not loom large as an issue for separating cohabitants. In part …

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