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Andrew Powell and Linzi Bull examine the weight to be given to sibling relationships in public law proceedings The Supreme Court noted there was a clear distinction between the rights of those family members, such as parents, who are directly involved with the upbringing of the subject child, and siblings who do not play a …
Continue reading "Human rights: Flesh and blood"
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Claire Yorke suggests that a hybrid approach to resolving financial issues on divorce or dissolution may provide a solution even in more complex cases Where the parties are not able to reach a solution through non-court dispute resolution alone (as would always be preferable), one may draw on the advantages of both court proceedings and …
Continue reading "Non-court dispute resolution: Cutting the Gordian Knot"
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Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant’s disclosure is unclear and their financial woes are of their own making While both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not …
Continue reading "Variation: Reduced circumstances"
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In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …
Continue reading "Scotland: Tips and traps"
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Sarah French looks at the Law Commission’s proposed changes to wedding ceremony requirements The Law Commission proposals aim to ensure that fewer weddings fall foul of the current laws, where at present a marriage may be invalid where performed according to religious rites that do not fulfil the current marriage law criteria. The Law Commission …
Continue reading "Marriage: A match made in heaven?"
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Caroline McNally and Chantelle Woo explain why having two marriage ceremonies can have unintended consequences It is very important to ensure that the marriage ceremony is carried out in a proper manner and that all the procedural steps are conscientiously observed. Since early 2020, the world has been experiencing the unprecedented Covid-19 pandemic, which is …
Continue reading "International focus: The wedding and the sequel"
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Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder There have been pandemics historically but does the immediate and ongoing impact on the global economy of Covid-19 put the 2008 crisis in the shade such that its scale could never have been foreseen? …
Continue reading "Financial provision: A long shot"
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Sarah Williams considers an application by a journalist for a disclosure order in the context of steps towards further transparency in the family courts The decision in Newman goes some way to ensuring that the costs of similar applications should not be prohibitive and provide some comfort to other journalists seeking similar applications in the …
Continue reading "Media access: Eyes wide open"
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Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts Unless there has been a significant change of circumstance since the order was made, grounds for variation under s31, MCA 1973 seem hard to conceive. The full financial impact of the global pandemic is …
Continue reading "Variation: To vary or not to vary"
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Sarah Wood-Heath highlights the value of pre-conception agreements and the weight that will be given to such agreements by the courts The real benefit of preparing a pre-conception agreement is the value it holds in ensuring that all involved are aware of each other’s legal status, rights and responsibilities in advance of conception. Choosing to …
Continue reading "Children: Forewarned is forearmed"
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