October 2018 #180 – Law Journals

Divorce: No way out

John Oxley examines the wider implications of the Supreme Court decision in Owens v Owens ‘The Supreme Court considered, but ultimately, rejected, that the court at first instance had wrongly thought that there needed to be a causal link between the behaviour and the breakdown, finding that it is clear that s1, MCA 1973 does …

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Domestic abuse: The full picture?

Joshua Green looks at the relevance and consideration of domestic abuse and harm in international relocation cases ‘The court is required to evaluate the seriousness of the allegations made, the nature of the evidence about them and their potential relevance to the decisions which must be taken.’ One of the possible defences to the summary …

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Evidence: Going undercover

Melanie Kalina considers the potential impact of covert recording in the context of children proceedings, and the courts’ approach to such evidence ‘Covert recordings give rise to a multitude of issues that may vary depending on the wide range of situations the recording may take place in.’ It is becoming more commonplace for a client …

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Financial provision: Sharing the burden

Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income ‘The court will always need to look at all the relevant circumstances of each case when deciding whether and how a party should fairly be using their free capital to …

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Private children: Maintaining a balance

Kayleigh Biswas asks whether orders restricting further applications in children proceedings are an underused mechanism, or a heavy-handed approach to conclude litigation ‘A barring order is an intrusion into the right of a party to bring proceedings and to be heard in connection with matters concerning their child.’ In circumstances where there is a history …

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In practice: Conflicting views

Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism ‘The fairness of provision in any nuptial agreement entered into is likely to erode over time and potentially be subsumed by changing circumstances through the passage of time, allowing for an increased use of paternalism.’ Many practitioners would agree …

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Disclosure: No place to hide

Marilyn Bell provides a recap on the duty of financial disclosure, and the remedies available to combat incomplete disclosure ‘The court will look at the facts at the time the order was made, not with the benefit of hindsight.’ The parties to a divorce may provide financial disclosure voluntarily, or as part of court proceedings. …

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