Blog

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…

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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…

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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…

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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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Expert Witnesses in Children Proceedings – An Update

  On 24 May 2012 the Minister for Justice Jonathan Djanogly, announced: "We are introducing early changes to the court rules through secondary legislation. The main elements are raising the threshold for the court to permit an expert to be…

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A bad week for CMEC

        A BAD WEEK FOR CMEC       It has been reported that the Comptroller and Auditor General, who deals with the accounts of government agencies and quangos, has been unable to give a sign off to the clients’ funds account of…

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Shared Custody of Children; a Rethink & Some Tips

      Shared custody or equal time parenting is a hot topic in England at the moment with the announcement in the Queen’s speech last week that the Government will be bringing out a new Children and Family Bill in 2013.  One of the key elements…

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Claims under the Inheritance (Provision for Family and Dependants) Act 1975

      Claims under the Inheritance (Provision for Family and Dependants) Act 1975       In England we are free to leave our property by Will to whomsoever we choose.  There are no rules here which say that we are compelled to leave our…

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Government U-Turn on Expert Witnesses in Children Proceedings

  In a rather amazing u-turn, I read today in The Times that the government finally accepts the need to reform the use of expert witnesses in care proceedings. In a previous blog…

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