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Ellie Foster and Pippa Hayden highlight the impact of third-party resources on maintenance pending suit The court had to understand the extent of financial support provided to the husband by his family and also to examine the extent to which payments had been made historically to the wife by, or via, that source. The recent …
Continue reading "Financial Provision: Interim measures"
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Rebecca Tarn sets out best practice for a successful Schedule 1 Children Act 1989 claim There appears to be some recognition that given that provision for a child only lasts during their dependency (at which time any property adjustment or settlement will revert to the respondent), the applicant should not be prohibited from making some …
Continue reading "Children Act 1989, Schedule 1: The cost of childcare"
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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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James Copson analyses the impact of Petrodel v Prest and the repercussions for family lawyers Rimer LJ made it clear that the husband helping himself to the companies’ assets did not alter the status of the companies as separate entities from the owner of their shares. The Court of Appeal decision in Petrodel v Prest …
Continue reading "Corporate Assets: Divisional divide"
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Jo Sanders and Linzi Bull set out the courts’ approach to issues of privacy relating to paternity The courts have looked at the extent to which the information is truly about a person’s own life or whether its focus is really primarily rooted in the life and biography of the other party who is opposing …
Continue reading "Privacy: Protective steps"
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Eleanor Aguirre considers how needs will impact on inherited assets The former matrimonial home, even if brought into the marriage by one party, usually has a central place and should normally be treated as matrimonial property. The recent High Court judgment in Y v Y [2012] provides a useful reminder of the approach the courts …
Continue reading "Inherited Assets: Balancing point"
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In the first of a two-part analysis, Suzanne Kingston and Rachael Kelsey take a comparative view of arbitration around the world The legal framework in Scotland is well suited to the arbitration model, already allowing parties to oust the jurisdiction of the court and come to their own decision without any form of cross-check. In …
Continue reading "ADR: Wide focus"
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Mandeep Gill assesses the Court of Appeal decision in Re G (Children) (Education: Religious upbringing) [2012] Welfare extends to and embraces everything that relates to the child’s development as a human being and to the child’s present and future life as a human being. In Re G (Children) (Education: Religious upbringing) [2012] the Court of …
Continue reading "Children: Opposing views"
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Frank Prior and Victoria Ferguson examine the limited, and sometimes unique, circumstances in which an interim property order may be made Procedural rules are not there to plug the gaps the substantive law has left behind. Every day court lists groan under the weight of litigants, and with even more litigants in person expected after …
Continue reading "Interim Orders: Relative rarity"
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