October 2019 #190 – Law Journals

Pensions: Equality or not?

James Copson looks at the recommendations in the Pension Advisory Group report and highlights the potential pitfalls when dealing with pension assets ‘It is much harder to achieve a fair outcome where there is a significant difference in the ages of the parties.’ An understanding of pensions is a must for every family lawyer working …

Continue reading "Pensions: Equality or not?"

This post is only available to members.

Costs: A blast from the past?

After balancing the pros and cons, Julian Bremner makes a case for the return of modified Calderbank offers ‘A Calderbank offer, properly used, was a tool in a practitioner’s arsenal to try to prompt a recalcitrant party to carefully consider a realistic and genuine proposal to settle.’ Family practitioners who entered the fray post-2006, and …

Continue reading "Costs: A blast from the past?"

This post is only available to members.

Jurisdiction: Residual risk

Catherine Maguire analyses the decision in AJ v DM, which demonstrates the dangers of reliance on a sole domicile petition ‘It is far easier to re-establish habitual residence in a country where the party in question has previously been habitually resident than in a new country.’ Cohen J’s judgment in AJ v DM [2019] addresses …

Continue reading "Jurisdiction: Residual risk"

This post is only available to members.

DNA testing: Time for change?

Chris Bryden and Jennifer Lanigan argue that the inconsistent approach to DNA samples held by non-medical organisations requires reform The High Court has inherent jurisdiction to direct posthumous paternity testing against existing DNA samples taken in life. It is trite to state that the establishment of paternity will often be of immense importance to an …

Continue reading "DNA testing: Time for change?"

This post is only available to members.

Inheritance claims: Looking to the future

Simon Blain and Hannah Mantle consider whether nuptial agreements have a role to play as to the division of assets on death ‘Where such a qualifying agreement purports to preclude claims being made pursuant to I(PFD)A 1975, such a provision is likely to weigh heavily in the court’s decision-making process.’ Provision may be made within …

Continue reading "Inheritance claims: Looking to the future"

This post is only available to members.

Private children: No stone unturned

Emma Dewhurst outlines the approach to fact-finding within private children proceedings where there have been previous orders within domestic abuse proceedings ‘The court in J (Children) allowed a contested non-molestation order to remain in place, and not only failed to hold a fact-finding hearing in relation to the ChA 1989 proceedings, but also the non-molestation …

Continue reading "Private children: No stone unturned"

This post is only available to members.

Pre-nuptial agreements: Silver solutions

Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age ‘For those over the age of 65 who have built up their pensions over a long working life and entirely prior to marriage, it will be of great importance to them to ensure that there is clarity as to how their …

Continue reading "Pre-nuptial agreements: Silver solutions"

This post is only available to members.