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Nuptial Agreements,Financial Issues,International Family Law
The EU Maintenance Regulation – A Simplification
Where are we a year and a bit on? Since 18th June 2011 we have been living, along with 26 other EU Member States, with a new Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions relating to maintenance…
Judge allows girl of 10 to be Baptised
This week’s legal story is the decision by Judge Platt in the Romford County Court to permit a 10 year old girl to convert to Christianity in the face of her Jewish mother's objections. The mother has asked the court to delay the baptism…
Muslim doctor loses appeal court bid to strip ex-wife of settlement
It has been reported in the last few days that the English court has rejected an appeal from a Dr Zaid Al-Saffar to overturn the financial order made in her favour. Dr al-Saffar is a consultant rheumatologist at Scarborough Hospital in North…
Pensions at risk on bankruptcy
The recent High Court Chancery Division case of re Raithatha –v- Williamson ([2012] EWHC 909 (Ch)) establishes a new legal precedent whereby a bankrupt can be ordered to draw down his pension in order to satisfy an Income Payment Order on…
The Order of Inheritance
I am often asked what happens to a Deceased’s estate if they die without making a Will. This is called dying ‘intestate’. The order of inheritance of an estate where the deceased has died intestate is as follows: 1. Spouse; 2. Children or if they…
How does the Family Court assess Spousal Maintenance?
Clients in divorce matters, family solicitors and readers of this article will know well that matrimonial law in England and Wales is more of an art than a science, with judges accorded a such discretion that it is impossible for lawyers to advise…
Speculating on Future Trusts Interests – C v C
The decision of Mr. Justice Munby in C v C ([2009] EWHC 1491) on 25 June 2009 demonstrates a distinct lack of judicial enthusiasm to deal with trusts and their assets in the context of matrimonial proceedings where the party’s realisation of their…
Taking Your Spouse’s Documents – Seek Help Before You Help Yourself
A quick resume of the Court of Appeal decision in Imerman v Imerman on 29th July 2010, reported at [2010] EWCA Civ 908. The Master of the Rolls Lord Neuberger gave judgment with two other Lord Justices on the most definitive self help case to date…
A Guide to Trusts from a Family Law Perspective
Trusts are becoming more and more of an issue for family courts, especially with the ‘yardstick of equality’ guidelines rather than the needs-based guidelines, and anecdotally we hear from the family judiciary that they are spending more time on…
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