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Captain Juliet McDermott highlights key factors and unique considerations when advising members of the armed forces and their spouses or civil partners. Service personnel may face an increase in their outgoings as they may lose their ongoing entitlement to continuity of education allowance (CEA) on separation and may therefore have to pay school fees.Divorce rates …
Continue reading "Armed Forces Divorce: Service issues"
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Claire Glaister sets out the courts’ approach where parties disagree as to whether a concluded financial agreement has been reached In every case, the court must exercise its independent discretionary review. An agreement reached between two parties in compliance with certain requirements will carry significant weight when the court is considering a claim for financial …
Continue reading "Agreements: Reaching conclusions"
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Lucy Prichard Jones outlines the dangers and potential benefits of social media in family cases The advice is not to rush into making unsolicited contact as the repercussions of establishing contact may be both unwelcome and far-reaching.Social media is a phenomenon that cannot be ignored. It pervades countless aspects of our lives today and those …
Continue reading "Practice: Social network"
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Alex Davies considers the significance of the difference between a series of lump sums and a lump sum payable by instalments If inter partes correspondence is not available to a court reviewing the negotiations as to the type of lump-sum order intended (as was the case in Hamilton), the judge will have to review the …
Continue reading "Lump Sum Orders: Providing clarity"
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Amy Harris summarises the case law on the factors to be considered when contact is an issue A prohibition on contact can be justified under Article 8(2) if it is deemed to be in the best interests of the child or the resident parent. The government has issued proposals to introduce a statutory presumption of …
Continue reading "Children: Balancing rights"
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Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …
Continue reading "Intervenors: Shared interests"
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Camilla Thornton looks at the approach of the Court of Appeal in a case involving non-matrimonial assets and problematic evidence The order notionally gave credit to the husband for his contribution, but entitled the wife to benefit from the resources of the marriage to which she had made a significant contribution. The case of Davies …
Continue reading "Financial Provision: Assessing value"
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In the conclusion to a two-part analysis, Suzanne Kingston and Rachael Kelsey examine the New York Convention and international arbitration States that are parties to the Convention, have undertaken to recognise and enforce arbitral awards made in states other than their own. This has significant implications, particularly for those of us who now find our …
Continue reading "ADR: Global view"
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Helen Waite and Victoria Ward outline issues of jurisdiction and options when dealing with a divorce with an international element Generally, financial relief in the USA tends to be more generous to non-working wives than in most European countries (with the exception of England and Wales), especially in states which operate the community of property …
Continue reading "International Focus: Forum decisions"
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Catherine Morgan looks at the government plans for same-sex marriage and compares them with civil partnership and opposite-sex marriage There is separate terminology used for the creation, existence and dissolution of civil partnerships (compared to marriages) that suggests a more stark contrast than indicated by an analysis of the legal protections and frameworks in place. …
Continue reading "Same-Sex Marriage: Same difference?"
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