October 2020 #197 – Law Journals

Marital agreements: Too high a price

Kayleigh Biswas examines when the terms of a marital agreement may be overridden by a party’s needs and the financial effect of costs on an order There were no vitiating factors in relation to the deed of separation between the parties and there was no evidence that the wife had sought to exploit her dominant …

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Marriage: Not right or proper?

Victoria Roberts and Dan Jones consider, in light of Akhter v Khan, whether matrimonial law in England and Wales is fit for modern society Unless a nikah takes place at a registered mosque in the UK, or is proceeded or accompanied by a civil ceremony, the dissolution of the marriage cannot be pursued through the …

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Embryology: IVF in the ‘new normal’ world

In the first of a two-part consideration, Seamus Burns highlights the impact of the coronavirus pandemic on fertility treatment and the consequential regulatory changes Fertility clinics do not operate in their own therapeutic closed world, but are a part of a much wider healthcare system and especially in a global pandemic and national health crisis, …

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Third parties: To join or not to join

Holly Tootill, Clare Williams and Hannah Pilling ask how, when and why third parties should be joined to financial remedy proceedings The issue of joinder of other parties is now routinely raised in every case where there is even a hint that there may be a third-party interest. The power of the court to join …

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Part III, MFPA 1984: No way through

Ellie Foster analyses an application for financial provision after a Jersey divorce and the obstacles faced by the wife despite the unavailability of pension sharing in Jersey When pension sharing was introduced in England and Wales in 2000, Jersey did not follow suit, thus creating a clear distinction between the two legal systems and the …

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International focus: Weighing up the options

Caroline McNally and Loretta Ho compare and contrast the provision for divorce and financial remedies in Hong Kong and England and Wales If a party obtained a financial remedies order in England and Wales, it can be enforced in Hong Kong either under common law or statute. Hong Kong has one of the highest percentages …

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Funding: On the money

Matt Foster looks at the options for funding legal services, via family or commercial loans or by way of a legal services order It is rare for incurred costs to be granted in full by an LSO so a stand-alone costs order for at least part of the balance is welcome. Even in big-money cases, …

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