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Scotland: View from the north

Dr Dianne Millen provides practical tips from Scotland on negotiating the no-fault landscape While there are good reasons why fault grounds have been critiqued by practitioners and policymakers across the UK, it is also important to recognise that the desire to maintain cordial relations may sometimes need to be subordinated to the need to litigate …
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Nuptial agreements: Keeping it in the family

Anna-Laura Lock and Anisha Patel analyse the courts’ approach to third-party financial support and when the pressure of entering into an agreement may be considered ‘undue’ Peel J noted in WC v HC that the function of the court is to distribute the parties’ resources, rather than the resources of their wider families. In WC …
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In practice: A whole new world?

Paul Linsell looks at how family law has developed and asks whether the introduction of no-fault divorce might prove to be a tipping point for further change When we look back in 30 to 50 years from now, we will look upon DDSA 2020 and the changes it has brought and not just find it …
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Financial remedies: A battle royale

Sophia Leeder outlines the approach to interim orders in a case where a party has delayed in making their application and spent excessively in the meantime, as well as key practice points Where jurisdiction is in dispute, this does not prevent the court from making an interim order, but in MG v GM Peel J …
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Surrogacy: Never too old

Jade Quirke examines the approach of the court to an application for a parental order where a child who was now an adult had been born via surrogacy HFEA 2008 could be ‘read down’ to ensure the rights of the applicants and the child under Art 8, ECHR – in relation to the family life …
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Declarations of parentage: Finding closure

Mollie van Geest and Heidi Molloy set out the considerations and conclusions reached on applications by adult adoptees as to the status of their birth fathers At first glance, there appears to be a conflict as to whether it is possible to obtain a declaration of parentage in respect of someone who is, in law, …
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Maintenance: A fair adjustment?

Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …
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Immigration: No time to lose

Alison East highlights the importance of addressing immigration and nationality issues for looked after children It is very important that an informed explanation of a looked after child’s immigration circumstances is available on their social services file record, to ensure that when social workers move on, goals such as British citizenship are regularly reviewed and …
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Private children: Caution, not haste

Hannah Currie and Savannah Davies analyse the Court of Appeal decision in K v K as to the correct approach to fact-finding hearings in private children proceedings Although allegations of domestic abuse should not be taken lightly and should always be fully considered, the court must remain mindful of the issues at hand and aim …
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Occupation rent: A fair share

Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …
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