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Vicki McLynn considers the importance of procedural compliance when seeking an order for costs ‘The preparation of a precautionary Part III MFPA 1984 application was forced on the wife by the husband’s stance in the litigation that, by reason of a valid talaq, the wife could not pursue an English divorce petition.’ In the case …
Continue reading "Costs: Fair assessment"
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Denise Carter assesses mediation in international child abduction, the findings of successful pilot projects, experience elsewhere in the world and good practice ‘Mediation offers the opportunity to examine all the future options open to the family, tailor-making an agreement that works for them. It looks not just at the child abduction dispute itself but at …
Continue reading "Mediation: Expanding boundaries"
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In the conclusion to a two-part analysis Hannah Minty and Sally Nash compare the differences in practice between financial provision in England and Wales and in Scotland ‘In Scotland, inherited assets are specifically excluded from the definition of matrimonial property, and therefore are not taken into account in determining entitlement to financial provision.’ Part one …
Continue reading "International Focus: Close comparison"
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Gianna Lisiecki-Cunane examines best practice in client care and the provision of costs estimates ‘The rules relating to client care and costs should not be overlooked, in order to guard against a situation that may lead to a complaint.’ In these economically straitened times, practitioners may frequently find themselves dealing with unpaid costs and difficulties …
Continue reading "Professional Conduct: Clarifying costs"
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Suzanne Kingston summarises the new family arbitration scheme and sets out the processes involved ‘Many legal commentators believe that something should now be done to provide an alternative option for those involved in family law disputes.’ Arbitration is a form of dispute resolution. The parties enter into an agreement under which they appoint a suitably …
Continue reading "Arbitration: New beginnings"
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Gareth Curtis looks at the approach taken by the court in the big-money case of F v F on a range of complex assets ‘This case affirms the high threshold that must be met to establish that matrimonial assets have been recklessly disposed of to reduce the pot of assets available to meet a spouse’s …
Continue reading "Financial Provision: High stakes"
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Chrissie Cuming Walters contemplates Re K one year on and recent government proposals on parental rights It has been nearly a year since the Court of Appeal handed down its judgment in Re K (Children) [2011] – a judgment initially seen as a potential game-changer in relation to leave to remove applications, if not somewhat …
Continue reading "Leave To Remove: A storm in a tea cup?"
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Peter Burgess and Kay Drage discuss the implications of the Court of Appeal decision in Lawrence v Gallagher ‘Thorpe LJ confirmed that the language in Schedule 4 of the CPA 2004 (which is identical to the language of s25 of the Matrimonial Causes Act 1973 (MCA 1973)) has the same effect in law, and that …
Continue reading "Civil Partnership: Same difference"
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In the first of a two-part analysis Hannah Minty and Sally Nash compare the differences in practice between financial provision in England and Wales and in Scotland ‘Scottish courts do not regard themselves as having an overriding jurisdiction in dealing with financial provision upon divorce and any agreement reached between the parties.’ In recent months …
Continue reading "International Focus: Across the border"
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Richard Shepherd looks at cases in which confiscation orders compete with financial provision claims ‘When assessing an entitlement to property for the purposes of confiscation, the ordinary and familiar common law principles of ownership and “interest” should apply.’ I must confess that I like the Proceeds of Crime Act 2002 (POCA 2002) and the law …
Continue reading "Proceeds Of Crime Act 2002: Dual interests"
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