Journal
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‘What’s In a Name?’ Anonymising Financial Remedy Judgments
How engrained is the practice of anonymisation in financial remedy judgments? What rationale was given in those cases for naming the parties or anonymisation? What is the author's view of the legal issues in relation to anonymity? How will these issues pan out?
- Journal
- Anonymity
!13/03/2024 07:00
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Businesses in Financial Remedy Claims
'Business' is a term that covers a multitude of different structures. The most common are limited companies (whether public or private), partnerships and sole traders. The courts will treat different businesses in different ways.
- Journal
- Sharing Principle
- Business
- Companies
- Business Assets
- Financial Remedies
- Expert Evidence
- Case Management
- Business Valuation
- Valuations
!13/03/2024 07:00
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A Crib Sheet for those New to Financial Remedies Practice
By way of an extract from Polly Morgan's Family Law (OUP, 2nd edn, 2024), we present an aide memoire of the relevant principles and practicalities for the new financial remedies practitioner.
- Journal
- Financial Remedies
!13/03/2024 07:00
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Securing Property Situated Outside the Jurisdiction of England and Wales for the Benefit of Minor Children
Readers may not be familiar with an issue that has occasionally troubled the courts: the exercise of parental responsibility by a parent of a minor child to secure for the child’s benefit property, assets or income to which the child is entitled and which is situated outside the court’s jurisdiction in a foreign land.
- Journal
- Overseas Assets
- Property
!13/03/2024 07:00
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Xydhias, 25 Years On – What Exactly IS a Xydhias Agreement?
Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties.
- Journal
- FDRs
- Agreements
- Negotiations
- Xydhias
- Consent Orders
!13/03/2024 07:00
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Maintenance for a Disabled Adult Child: A Case of Legal Blogging
Given the announcement of a new Financial Remedies Court reporting pilot, Polly Morgan discusses the process of legal blogging: the rules around accessing the hearing, the practicalities of reporting, the framework for controlling what can be reported, and the drafting of a reporting restriction order.
- Journal
- Transparency
- Publicity and Confidentiality
- Maintenance
!13/03/2024 07:00
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Cohabitation – The Case For and Against Reform
Divorce law, in principle at least, seems pretty sensible. You keep what you brought into the marriage and share what you gained. So why shouldn’t the same or similar rights and responsibilities apply to cohabiting couples who have shared a life together?
- Journal
- Cohabitation
!13/03/2024 07:00
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Interview with Hilary Woodward
Rhys Taylor interviews Hilary Woodward, a former solicitor and mediator, academic and the about to retire CEO of the Pension Advisory Group.
- Journal
- Pensions on Divorce
- Interview
!13/03/2024 07:00
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DOWNLOAD 2024 ISSUE 1 – Spring 2024 (PDF)
- Journal
!13/03/2024 07:00
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Armed Forces Pension Schemes (AFPS)
Armed Forces pensions are among some of the most complex pensions that practitioners can be faced with when dealing with divorce and financial settlements. This guide to some of the issues is written for practitioners to consider when faced with such pensions.
- Journal
- Pensions on Divorce
!13/03/2024 07:00