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Divorce: Outside the norm

In the conclusion to their two-part discussion Claire Glaister and Frances Bailey look at less commonly used divorce practice and procedure ‘An amended petition will not generally be appropriate where the parties have reconciled and subsequently separated.’ As with part one of this guide, references are to the relevant rules in the Family Proceedings Rules …
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Trusts: Beyond reach

James Riby and Cora Brown focus on the courts’ approach in cases involving trust assets ‘Recent decisions have appeared to limit the extent to which the court should attempt to “judicially encourage” independent trustees to make payments to potential beneficiaries so that the beneficiary can pay an ancillary relief order.’The decision in M v W …
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Embryology: Looking back

In the conclusion to his two-part analysis of the regulation of embryology, Seamus Burns highlights the work undertaken by the Human Fertilisation and Embryology Authority ‘Fertility treatment that had been highly controversial has, in 2010/11, become the norm or conventional medical treatment for many due, in no small measure, to the overseeing, monitoring role of …
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Inherited Assets: Preserving for the future

Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’The case of …
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International Focus: Crossing borders

Jonathan Harris considers the European and international aspects of Granatino v Radmacher and its aftermath ‘The so-called Brussels II bis Regulation normally requires an English court to entertain divorce proceedings in a broad range of circumstances, and has largely stripped the English courts of the discretion to weed out cases more appropriately heard overseas.’ Granatino …
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Same-Sex Parenting: Parenting paradoxes

Meredith Thompso n investigates the evolving, and slightly contradictory, position of same-sex parents ‘The European Court of Human Rights has stated that a Member State must be able to point to particularly convincing and weighty reasons to justify a difference in treatment between heterosexual and homosexual people.’Although, at the time of writing, we still await …
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Child Maintenance: Foreign finances

Melanie Barnes outlines the available options when dealing with international child maintenance ‘In non-EU cases even where a foreign country is not governed by Brussels I, the English court may still be bound by its rules.’As the numbers of family cases with an international element increases, there is greater need for expertise on child maintenance …
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Domestic Abuse: Assessing impact

Jane Wilson highlights the developing practice in children cases where there is a risk of domestic violence and harm ‘Domestic violence involves a very serious and significant failure in parenting – failure to protect the child’s carer and failure to protect the child emotionally (and in some cases physically – which meets any definition of …
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Divorce: Practice points

In the first of a two-part discussion, Claire Glaister and Frances Bailey look at procedure, practice and potential pitfalls when dealing with divorce proceedings ‘In the increasingly common situation of the parties having been married abroad, a foreign marriage certificate should be accompanied by a translation that has been authenticated by a notary.’ The purpose …
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Insolvency: Protecting assets

Emma Mould analyses the risks of failing to obtain a final ancillary relief order when dealing with an insolvent spouse ‘Where a person is adjudged bankrupt, any disposition of property made by that person in the period to which IA 1986 (s284) applies is void except to the extent that it is or was made …
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