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Fiona Wood outlines the courts’ approach to assets acquired prior to marriage and the factors to be taken into account Need cannot be assessed in isolation of the factors that are the key to the performance of the sharing principle such as pre-acquired wealth. The issue of pre-acquired assets arises in many divorce cases. While …
Continue reading "Pre-Acquired Assets: Setting apart"
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Michael Gouriet and Jemma Thomas report on the basis in which an interest in property may be secured by proprietary estoppel ‘The detriment suffered need not be financial but must be substantial, and must be judged at the point when the person who gave the assurance seeks to renege on it.’ Establishing an equitable interest …
Continue reading "Equitable Interests: Showing an interest"
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Amy Harris sets out the courts’ approach to cases in which assets derive from a personal injury award ‘The overarching principle of sharing has to be tempered to take into account the particular needs of the recipient of the personal injury award, the manner in which it was acquired and also the fact that it …
Continue reading "Personal Injury Awards: Determining priorities"
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Elizabeth Hicks and Tracey Dargan set out the key changes to private children law and the likely impact of the reforms ‘The focus of the reforms is to try to get parties to resolve their difficulties without recourse to litigation.’ In November 2011 the Family Justice Review, chaired by David Norgove, published its final report …
Continue reading "Children Law Reform: A new dawn"
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Patricia Robinson highlights the pitfalls of failing to address the division of chattels and outlines the courts’ approach to achieving fairness ‘Where there are issues in relation to chattels between a married couple or civil partners, ss23-24, Matrimonial Causes Act 1973 or Schedule 5 Parts 1 and 2 to the Civil Partnership Act 2004 are …
Continue reading "Chattels: The deal breaker?"
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In the first of a two-part consideration, Zoë Fleetwood explores recent cases giving guidance on key issues that arise when dealing with litigants in person ‘Recent judgments have highlighted the impact of both unrepresented parties and lack of funding for, inter alia, experts’ reports.’ Following the coming in to force of the Legal Aid, Sentencing …
Continue reading "Litigants In Person: Standing alone"
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In the conclusion to a two-part analysis, Frances Bailey and Claire Glaister look at the options when seeking to set aside a consent order ‘To successfully set aside a consent order on the basis of common mistake it must be shown not only that there was a common mistake, but that that mistake was fundamental …
Continue reading "Setting Aside: Playing the odds"
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Alison Green draws practical points for practitioners on variation of periodical payments from the decision in H v H div class=”pullquote”>’It is desirable to bring the parties’ financial dependency to an end – a clean break is important financially and psychologically, not only to prevent further litigation between the parties but also to exercise the …
Continue reading "Periodical Payments: Finding closure"
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Seamus Burns examines new developments in embryology and the role of the Human Fertilisation and Embryology Authority ‘The current law specifically outlaws and prohibits doctors/clinicians placing any egg or embryo in a woman if the nuclear or mitochondrial DNA of any cell or embryo has been altered. Hence the use of mitochondrial donation in the …
Continue reading "Embryology: New horizons"
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Kate Elliott reports on the interplay between the validity of a divorce, jurisdiction, and interim orders for maintenance and costs ‘If the non-proceedings divorce was recognisable in this jurisdiction then the wife had no right to apply for relief under Part III, MFPA 1984.’ The decision in MET v HAT [2013] raises interesting issues as …
Continue reading "Interim Orders: Short-term measures"
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