Journal
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Galbraith Tables v2: Why they Have Changed
Some two years have now passed since the First Edition of the Galbraith Tables were published. Much has happened within this intervening period. The authors felt the need to produce a revised edition. This article discusses what has changed and why it has proved necessary for the new version to be produced.
- Journal
- Galbraith Tables
!01/07/2024 07:00
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The Origin, History and Present Status of the Principal Registry of the Family Division
Everyone knows that Baroness Butler-Sloss ascended from the rank of Registrar at Somerset House to President of the Family Division via the High Court and the Court of Appeal. Wikipedia states, ‘She was appointed a Registrar at the Principal Registry of the Family Division in 1970’. We will show that this is not quite right. In 1970 the Principal Registry of the Family Division did not exist.
- Journal
!01/07/2024 07:00
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Shariah Law – Marriage, Divorce and Financial Aspects
This article focuses on the different types of Islamic/Shariah divorce, the overlap with civil law and the relevant financial implications. Many Muslim clients experience marital breakdown in this jurisdiction, so it is useful to gain a better understanding of the issues they face and the holistic advice that is needed. The cultural aspects have not been considered within the article, but should also be borne in mind when advising Muslim clients.
- Journal
- divorce
!01/07/2024 07:00
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Money Corner: Spring (Cleaning) Budget: Out with the LTAs and in with the LSAs
Peter Turnbull discusses the LTA as it was; introduces the new allowances that have replaced the LTA; and highlights issues family lawyers may need to consider.
- Journal
- Money Corner
- LTA
!01/07/2024 07:00
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Impact of Conduct on Needs
In exercising its powers in financial remedy proceedings, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’: s 25(2)(g) Matrimonial Causes Act 1973.
- Journal
- Conduct
- Needs
!01/07/2024 07:00
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A Reply to Baroness Deech’s Argument for Reform
A companion piece to Baroness Deech’s article, arguing against the call for reform of s 25(2) MCA 1973.
- Journal
- divorce
- Reasonable Financial Provision
!01/07/2024 07:00
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Judicial Immunity: An Extraordinary Case and a Worrying Warning from Australia
An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.
- Journal
- Judicial Immunity
!01/07/2024 07:00
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Financial Remedies Case Round-Up (Mid-January 2024 to end April 2024)
Polly Morgan rounds up cases from the first third of 2024, including Schedule 1 cases, Transfers of tenancy and Qualified Legal Representatives.
- Journal
!01/07/2024 07:00
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Pre-nuptial Agreements – A Good Route to Autonomy?
Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.
- Journal
- Pre-Nuptial Agreements
!01/07/2024 07:00
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Evidencing Earning Capacity: Expert Assessments with Potential for both Cooperation and Conflict
Embarking on divorce proceedings is not just the end of one chapter of life but the start of a new one. Judges determining applications for financial remedies on divorce or dissolution of civil partnership aim to ensure that the former spouses are each on as stable a financial footing as possible as they enter into that new chapter.
- Journal
- Earning Capacity
!01/07/2024 07:00