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Brexit – sole domicile

March 2021 | Family

In this post-Brexit article, reputable and experienced family lawyer David Hodson casts his eye over the new family law landscape – more specifically, ‘the re-emergence of sole domicile’. It is, he pointed out, now a primary basis for divorce, as it was until the end of February 2001 when Brussels II first arrived. Hodson states: …

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ADR – The Family Solutions Initiative

March 2021 | Family

Practitioners will welcome an initiative that provides both a general guide to encouraging separating parties to resolve issues without litigation and a set of adaptable template letters suitable for children and finance cases. Readers will be familiar with the Surrey Initiative (a protocol aimed at facilitating the court’s duty to consider non-court options for DR). …

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Costs – fraud allegations

March 2021 | Family

H and W had a successful shipping business. Following the marriage breakdown, they had become engaged in highly acrimonious financial remedy proceedings. This ruling followed H’s application that W pays his costs of the preliminary issue on an indemnity basis after allegations of fraud were made against him and dropped at the very last minute. …

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Consent orders – interpretation

March 2021 | Family

The fact that H had made a ‘bad bargain’ cannot be taken into account when interpreting a consent order made in financial proceedings. So held the CA in proceedings following the unexpectedly slow sale of the former matrimonial home. The consent order had left no space for a further dispute about money or rights in …

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Financial remedies – interim maintenance

March 2021 | Family

Among a raft of applications before the court (the parties are disputing just about every issue possible), the family court has handed down its ruling specifically on H’s application for interim maintenance (and for a legal services provision order, not considered here). This was a high-value case with ongoing litigation in another jurisdiction. The value …

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Financial remedies – maintenance pending suit

March 2021 | Family

A recent appeal ruling is notable because it unusually considered maintenance pending suit (MPS). Family practitioners would do well to note the practical guidance given by Moylan LJ in the ruling, though the case itself was not particularly complex. M appealed an order allowing H’s appeal from an MSP order granting her monthly payments of …

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Coercive control – Scott schedules

March 2021 | Family

Family practitioners are keenly awaiting an imminent CA ruling in a landmark case involving four linked appeals relating to family proceedings where the welfare of children were concerned. Readers are likely to have read in the legal media that the CA heard submissions in relation to Scott schedules (tables setting out the allegations and the …

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