The Practical Lawyer


Procedure – special guardianship

The Family Justice Council has published interim guidance on special guardianship in response to issues identified in Re P-S (Children) [2018] EWCA Civ 1407, including the issue of later identification of potential carers. 
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Financial remedies – non-matrimonial assets

There is a conflicting judicial approach to determining a fair award of non-matrimonial assets, as the author of this useful article explains. 
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Procedure – cohabitation

Family practitioners will welcome Law Society guidance on cohabitation agreements in view of the rising number of couples who choose to cohabit. 
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Financial remedies – hidden wealth

This is a complex, high-value cross-border case where both parties are Russian. W lived in Tenerife and Russia while H lived in London, having successfully applied for political asylum in September 2011. 
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Procedure – Financial Remedies Courts

Eight new Financial Remedies Courts (FRC) zones are now operational, following on from the success of the Birmingham pilot FRC which began last year. 
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Financial remedies – property

The wife (W) failed twice to pursue a claim in relation to a London property which was held in the name of a third party. 
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Procedure – civil partnerships; still-births

The Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 came into force in March 2019. 
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Children – contact

The tribunal did not err in law in finding that payments of child support should not be decreased to reflect shared care in the circumstances of this case. F appealed a decision of the CMS to increase his weekly child maintenance payments. 
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Marriage – legalities

The applicant’s request to the court was a mix of grounds of appeal and an invitation that the court exercise the Barrell jurisdiction – but it was refused in its entirety. 
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Divorce – jurisdiction

W did not have jurisdiction to apply for divorce in England and Wales. Some years before the marriage breakdown, the parties (both German-born) moved to Switzerland from Germany.
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