Archives: Family

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Financial remedies – procedure

September 2021 | Family

The case of Akhmedova, a complex and high-value international divorce and financial remedies case, has raised a number of procedural and enforcement issues. In a recent ruling, the High Court found W to have been the victim of a number of concerted schemes designed by H to place all his wealth beyond reach and/or to …

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Financial remedies – appeals

September 2021 | Family

A recent case clarifies the limits of the role of the appeal court in second appeals in financial remedy cases. In a second appeal, in what was otherwise a straightforward financial remedy case, the parties had taken ‘extreme positions’. The degree of acrimony had led to a course of litigation which became ‘an exercise in …

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Procedure – PD updates

September 2021 | Family

A number of practice directions have been updated which practitioners should note. These include: PD 3AA (vulnerable persons): implementing changes to the special measures’ regime through the Domestic Abuse Act 2021. PD 5A (forms): inserting reference to the new contempt application form (FC600) which is now in force. PD 5B (communication and filing by email): …

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Domestic Abuse Act – factsheets

September 2021 | Family

The Domestic Abuse Act is due to come into force in the coming months. Ahead of the commencement date(s) (yet to be clarified) government has issued a number of factsheets. These provide further information about specific provisions, including what and how government is tackling the issues. The latest factsheets cover: tackling perpetrators; amendment to the …

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Adoption – revocation

September 2021 | Family

M failed to have adoption orders in respect of her three children revoked. The court ruled that a procedural irregularity in the making of the order was not such as to justify revocation. The two older children had been removed from their parents’ care and placed in foster care after the younger child was found …

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Marriage – jurisdiction

September 2021 | Family

W sought a declaration under ss51 and 55 FLA 1986 that she was currently married to H. Neither disputed that they were validly married in March 2017 in Accra, Ghana, in accordance with tribal custom. The issue was whether there was a valid divorce by similar tribal custom in Ghana, and if so whether the …

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Procedure – arbitration

September 2021 | Family

Family practitioners will welcome guidance relating to correct procedure in cases where an arbitral award is challenged. The guidance was given within a judgment following W’s application for H to show why he should not be held to the terms of an arbitral award. H also made an application to challenge the award under s68 …

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Procedure – email orders

July/August 2021 | Family

The judge should not have made the order that she did, and certainly not in the way she did. A successful appeal followed an emailed application for a variation of a court order in a case illustrating the problems that can arise when email – a convenient but relatively informal means of communication – is …

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Injunctions – associated persons

July/August 2021 | Family

An applicant for an injunction under s62(3) FLA 1996 must show that they are within the ‘associated person’ category. The issue in a recent appeal was the meaning of an associate person for those purposes. A issued an ex-parte application for a non-molestation order alleging verbal abuse and threats against her step-nephew (R), arguing that …

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