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Hannah Clark analyses the limited circumstances in which the courts will reopen a final financial order ‘The courts are paying clear regard to the floodgates argument, through their restrictive application of the principle of finality in litigation and their constant reiteration of the extraordinariness of Barder events.’As family lawyers, we are well accustomed to the …
Continue reading "Financial Provision: Revisiting orders"
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James Lister and Sean Hilton summarise the approach to trust assets in family proceedings Case law demonstrates the need for absolute clarity from the outset, the nuanced nature of cases involving trust assets and the enhanced duties of the lawyers involved to give judges proper guidance so as to avoid unsafe decisions. It has always …
Continue reading "Trusts: Every penny counts"
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Ellie Foster reflects on the harmonisation of the rules relating to appeals and potential pitfalls under the FPR 2010 ‘The general principle of the FPR 2010, certainly as far as appeals are concerned, is to harmonise the new rules with the CPR 1998 and to provide for one appeal only, although exceptionally there may be …
Continue reading "Appeals: An appealing consolidation?"
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Vanessa Mitchell and James Copson discuss the changes introduced by the costs provisions in the FPR 2010 ‘If one of the intentions of the new rules is to produce a simpler structure for the administration of family justice, then sadly the costs rules have been overlooked and remain fiendishly complicated.’To what extent can the family …
Continue reading "Costs: Costs consequences"
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David Hodson and Denise Carter set out the new ADR provisions in the FPR 2010 and consider their likely impact ‘Practitioners must be alive to the real likelihood that at any hearing the judge will enquire whether mediation or other ADR has been attempted and, if not, the real likelihood that the case will be …
Continue reading "ADR: New options"
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Hannah Budd and David Hodson highlight the provisions of the FPR 2010 in relation to divorce and civil partnership dissolution ‘There was an anticipated modernisation of terminology, but the overall perception from the new rules, coupled with the new forms, is that this has been a missed opportunity.’The provisions relating to divorce and civil partnerships …
Continue reading "Divorce And Civil Partnership: Modern language"
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Nicola Criscione looks at the impact of the FPR 2010 on procedure in children proceedings ‘Rule 12.3 FPR 2010 sets out who the parties to each type of proceedings are and contains a very user-friendly table showing every different type of proceedings, and who may make the application and who the respondents to that application …
Continue reading "Children: Business as usual?"
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Lucy Loizou and David Hodson examine the new rules regarding financial disputes and the transitional arrangements under the FPR 2010 ‘The aim of the pre-action protocol is to assist the parties in resolving their differences quickly and fairly, or at least narrow the issues, and, should that not be possible, to assist the court to …
Continue reading "Financial Provision: Changing times"
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Helen Cort examines how the concepts of parental responsibility and shared residence orders are being applied to increasingly diverse family units ‘It is not incumbent upon a judge to make findings on every issue presented for determination during a hearing, but rather simply those factual issues that have implications for the decisions to be taken.’ …
Continue reading "Children: Sharing parenting"
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Rebecca Dziobon highlights the importance of EU provisions where there is a choice of forum ‘During their marriage, couples will be able to agree which law would apply to their divorce or legal separation with the aim of providing legal certainty, predictability and flexibility.’ It is estimated that 16 million of the 122 million marriages …
Continue reading "International Focus: Uniform rules"
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