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Ellen Walker considers proposals for family cases to be dealt with online, and developments to date ‘The Ministry of Justice has agreed to implement the concept of the online court, and legislation is being prepared to provide for the development of a wholly new set of procedure rules.’In the Autumn Statement 2015, the then Chancellor …
Continue reading "Law Reform: The digital revolution"
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Corinne Iten considers when judicial review may be a potential remedy in family proceedings, and the restricted powers of the court even where an application is successful ‘The function of the High Court on judicial review is to scrutinise the legality of the decisions, acts or omissions of the local authority (or, indeed, any other …
Continue reading "Judicial Review: Limited options"
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Suzanne Kingston reviews recent developments in the courts’ approach to marital agreements ‘Where a pre-nuptial agreement has a clear purpose, and that purpose is understood by both parties (who have received advice and have an understanding what they are agreeing to give up), it is more likely to be upheld.’ If 2016 taught us anything …
Continue reading "International Focus: Well-prepared"
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Joanne Green sets out the factors that will be taken into account by the court where a marriage is short, and looks to case law for the principles applied ‘Where pre-acquired non-matrimonial assets have been intermingled with matrimonial assets, the non-matrimonial element is more likely to be excluded from the assets that are to be …
Continue reading "Short Marriages: Brief encounter"
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Eugenie Taylor looks at whether it is possible to exonerate a party from their duty of disclosure ‘It could not be right, if a finding was made that the deceased deliberately had misled the appellant and the court, for her conduct to be saved by a delay on the part of the appellant in discovering …
Continue reading "Disclosure: Managing management"
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Camilla Thornton examines case law post-Radmacher where a party has sought to overturn the terms of a nuptial agreement ‘Only in cases where the parties’ circumstances have changed in a way that was not anticipated will the courts look carefully at the fairness of justifying a pre-nuptial agreement entered into some time ago.’ It has …
Continue reading "Pre-Nuptials: No excuses"
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Nicola Caffery analyses the evidence required for a non-molestation or occupation order, and guidance on the duration of such orders ‘The decision in PF v CF confirms that the court has the power to make an injunctive order based exclusively on the judge’s assessment of each party’s uncorroborated evidence.’The decision in PF v CF [2016] …
Continue reading "Domestic Abuse: Restrictive measures"
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Philippa Davies and Anna Shadbolt navigate the more problematic aspects of divorce procedure and provide a reminder of the remedies available ‘For the purposes of an application for deemed service, it is essential that the petitioner keeps written evidence of their attempts to obtain information regarding the respondent’s whereabouts.’ Divorce law and procedure can appear …
Continue reading "Divorce: Potential pitfalls"
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Suzanne Kingston provides an updated guide to jurisdiction on marital agreements The authors would like to thank the following members of the International Academy of Matrimonial Lawyers for their contributions to the table: Peter Walzer, Walzer & Melcher LLP (California); Charalambos Artemis, Scordis, Papapetrou & Co LLC (Cyprus); Véronique Chauveau and Charlotte Butruille-Cardew, Cabinet CBBC …
Continue reading "International Focus: Well-prepared (table)"
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Spencer Clarke and Max Myers outline the recommendations of the Law Commission’s report on the enforcement of family financial orders ‘The Commission takes the view that, currently, there are insufficient means by which the creditor can obtain information about the debtor.’ On 15 December 2016, the Law Commission published its report on the enforcement of family financial …
Continue reading "Enforcement: Securing compliance"
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