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In the conclusion to a two-part analysis of periodical payments, Sonny Patel discusses the courts’ approach to the duration of orders ‘Cohabitation with a new partner by the payee will not automatically terminate a joint lives maintenance order but the new partner’s means and capacity to contribute to the payee’s household should be assessed and …
Continue reading "Periodical Payments: Time check"
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Camilla Thornton outlines the courts’ approach to income such as bonuses and how this may be reflected in an order for periodical payments ‘The inherent uncertainty of bonus payments provides, in part, the reason why the setting of a cap is essential in order to avoid the unintentional unfairness which may arise as a consequence …
Continue reading "Financial Provision: Future proofing"
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Suzanne Kingston, Adele Pledger and Paulina Sandler examine whether the long-awaited Law Commission recommendations on marital agreements will result in change, or business as usual ‘Lawyers will be responsible for advising clients of the rights they may be giving up in signing a QNA and will be required to sign a statement to that effect.’ …
Continue reading "International Focus: Plus ça change"
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Richard Adams examines the decision in Re Ramet and sentencing for contempt in family proceedings ‘The decision in Re Ramet provides useful confirmation of the approach to be taken where the same conduct gives rise to both criminal and committal proceedings, but is also an important reminder of the real damage intractable contact disputes can …
Continue reading "Committal: Double jeopardy?"
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Edward Kitchen outlines best practice when dealing with a claim under Schedule 1 to the Children Act 1989 ‘Property settlements under Schedule 1 are made with the express purpose of reverting to the settlor once the child reaches majority or completes education.’ At a time when it seems that the traditional family structure appears to …
Continue reading "Children Act 1989, Schedule 1: Alternative route"
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Jemma Thomas and Nancy Khawam review the Supreme Court’s decision in Re LC and consider the impact on future cases ‘Habitual residence is a question of fact and, as such, any determination of habitual residence is difficult to appeal: the trial judge has made a decision on the basis of the facts that they have …
Continue reading "Child Abduction: State of mind"
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Emily Watson contemplates the courts’ power to limit the future exercise of parental responsibility ‘By allowing the mother to make that decision as to schooling alone in future, the court subjugated a more detailed consideration to the overall need of the children for certainty.’ The recent decision in EG v JG [2013] dealt with a …
Continue reading "Specific Issues: Hard choices"
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In the first of a two-part consideration of the role of the mediator and MIAMs, Andrew Baines discusses the effects of the proposed children arrangements programme ‘The CAP indicates that court proceedings will normally only take place where there has been an assessment of alternative strategies which the parents could access to resolve their dispute.’ …
Continue reading "ADR: Outlining options"
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Graeme Fraser and Mark Penston highlight the importance of financial advice when structuring and valuing an award in a financial remedies claim on divorce ‘An initial discussion with an IFA who is conversant with the issues on divorce can be helpful in giving direction early on in the process.’Obtaining independent financial advice is increasingly important …
Continue reading "Financial Advice: Complete picture"
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In the first of a two-part analysis Sonny Patel looks at the approach to the quantum of spousal maintenance ‘The choices made by the parties as to the care of their children are an important factor in determining how that care should be provided and shared both by reference to day-to-day care and the funding …
Continue reading "Spousal Maintenance: Calculating need"
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