Adjudicating Undue Pressure in Nuptial Agreements
When the court considers the effect of a nuptial agreement, it must consider how pressure may undermine a party’s decision to sign, while recognising why the other party sought it.
Journal
Civil Law with Family Characteristics
The family courts – and the family lawyers who practise in them – have faced criticism for applying the general law of property inconsistently with the other divisions. This article explores the reality that, whilst the law is the same, case management in the family courts is indeed different.
When Couples Fall Out: The Role of the Land Registration Division in Dispute Resolution
This article examines the functioning of the Land Registration Division, particularly in the context of disputes arising from informal cohabitation, and the legal foundation of cohabitees’ rights in land, the avenues for protecting and asserting such rights, and how the LRD resolves disputes.
Bankruptcy and Divorce: An Unhappy Marriage
The bankruptcy of a party can add additional layers of complexity to financial remedy proceedings. This article aims to mitigate this, by providing an overview of the process, considering its impact on final financial remedy orders being made, and setting out practical and procedural considerations.
Navigating Jewish Divorce in the United Kingdom
This article explores the legal framework governing Jewish divorce in the UK, the implications of Get refusal, the evolving recognition of religious coercion in domestic abuse law, the treatment of Jewish child arrangements in civil and religious contexts, and recent legislation and case-law.
Technology and Family Law – Opportunities, Challenges and Reflections
In contemporary family law practice, technological advancements are reshaping how legal professionals manage cases and interact with clients. It is vital for legal practitioners to keep abreast of contemporary developments in this field, and to tailor their approach to legal practice accordingly.
Special Contributions: ‘Genius’, Guesswork and Gender Discrimination
This article revisits the contested terrain of ‘special contribution’, and questions whether it retains any legitimate role in contemporary financial remedy jurisprudence. It argues that the concept is both theoretically discriminatory and practically uncertain.