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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?"
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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"
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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?"
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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"
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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"
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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"
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Suzanne Kingston and Ciara Moore highlight key considerations for pre-nuptial agreements around the world A panel discussion at the International Academy of Family Lawyers (IAFL) meeting in Stuttgart regarding international pre-nuptial agreements included brilliant lawyers from around the world, who have helped prepare this article. We considered a number of the key issues of the …
Continue reading "International focus: Asking the right questions"
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Samantha Little explains the consultation on surrogacy issued by the Law Commissions of England and Wales and Scotland, and the key recommendations ‘The Law Commission proposes a new pathway, if strict requirements are met, that will allow the intended parents to be legal parents from birth through an administrative route rather than a court application.’ …
Continue reading "Surrogacy: Long overdue?"
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Linda Lamb sets out the process of hybrid mediation and how it can help families in conflict ‘One of the differences between a normal mediation session and the hybrid model is that solicitors are more involved in the meetings and can assist with the preparation of disclosure.’ As family law practitioners we should be encouraging …
Continue reading "Non-court dispute resolution: Another way?"
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Richard Jones and Laura Coyle examine the approach of the courts to the sufficiency of a child’s understanding where the child seeks to act without a guardian ‘It will ultimately be for the court to decide whether the child has sufficient understanding to conduct the proceedings.’ If you represent children in Children Act 1989 (ChA …
Continue reading "Representing children: Seeking independence"
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