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Rachel Donald asks whether the enforcement provisions of r33 of the Family Procedure Rules 2010 can be undermined by a variation application ‘For an unpaid party, the costs associated with defending a variation application can altogether outweigh the value of the claim they seek to enforce.’ The introduction of the general enforcement application in family …
Continue reading "Enforcement: Seeking remedies"
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Amy Harris looks at the Cohabitation Rights Bill and the array of provisions dealing with cohabitation for both cohabitants and spouses ‘While cohabitation is not specifically cited as a factor to be taken into consideration by the courts in relation to the Matrimonial Causes Act 1973 1973 it is clear that it is increasingly relevant …
Continue reading "Cohabitation: Time for reform?"
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Ruth Abrams analyses the increase in litigants in person and the move away from legal representation ‘There is now a raft of people who would have been eligible for legal aid and who, due to their financial circumstances, now have no access to legal advice.’It is expected that 2014 will see more litigants in person …
Continue reading "Litigants In Person: All alone"
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Toby Hales examines whether recent developments are an erosion of the guidance in Re L on contact and domestic abuse ‘Applicants, frequently at first hearings, may insist that allegations have been invented as a deliberate ploy to frustrate contact, and invite the court to make an interim determination of contact.’ Practitioners of private children law …
Continue reading "Contact And Domestic Abuse: Seeking clarity"
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Rebecca Huxford outlines the courts’ approach to validity of marriage and when there may be a ‘non-marriage’ ‘Where there has been nothing that could even be considered a ceremony or a purported marriage that this will not give rise to an entitlement to a decree of divorce or nullity.’Family lawyers are generally only consulted at …
Continue reading "Validity Of Marriage: More than a formality"
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Vicki McLynn considers the question of the interests of third parties in financial remedy proceedings ‘When the family court is determining a dispute between a spouse and a third party it must be approached on the same basis as if it were being determined by the Chancery Division.’ The issue of third-party interests in financial …
Continue reading "Third Parties: To join or not to join?"
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Ellie Foster sets out the implications of any gaps in a marital agreement and the importance of needs in big money ‘The marriage settlement could be disregarded as it did not provide secure English housing for the wife nor did it prevent a claim for maintenance’. The decision of Moor J in AH v PH …
Continue reading "Marital Agreements: Re-opening the door"
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Chris Bryden and Katherine Illsley discuss recommendations to increase protection from stalking and the provisions already in place ‘One of the main recommendations resulting from the independent parliamentary inquiry is that: “The family court system should be reformed so that victims are not further abused by perpetrators through the civil and family courts.”’Stalking can cause …
Continue reading "Stalking: Protective measures"
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Lorna Borthwick highlights the difficulties of enforcing orders against a ‘determined defaulter’ ‘The debtor must be shown to have had the “means to pay” the sum in respect of which they are in default and that they have refused, or neglected, to pay that sum.’ In Constantinides v Constantinides [2013], Holman J was asked to …
Continue reading "Enforcement: A cautionary tale"
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In the conclusion to a two-part analysis Che Meakins looks at Xydhias agreements and the procedure to be adopted on a notice to show cause ‘The only way of rendering an agreement enforceable is to convert the concluded agreement into an order of the court. In this respect, the court’s role is not simply to …
Continue reading "Marital Agreements: No second chances?"
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