Family Law Archive - Page 49

Found 595 matches. Showing page 49 of 60.

Court of protection: who bought all the pies?

6th November 2015

In a somewhat unusual case before the Court of Protection, a divorced woman has lost control of her mother’s finances after she spent up to £250 a month on pastries. Senior Judge Denzil Lush heard that the daughter, in her 50s, would frequently show up at her mother’s nursing home armed with carbohydrate-heavy party food such as sausage... READ MORE

Re XZ [2015] and the Lasting Power of Attorney

4th November 2015

Completion of a Lasting Power of Attorney (LPA) and its implementation (or registration) is considered relatively straightforward. However, this is rather deceptive, as the document and the powers it permits (or lack thereof) require much planning and forecasting of the donor’s future plans and wishes. With the introduction of new statutory... READ MORE

Common intention constructive trust: ‘unclean hands’ no bar to cohabitee claims

2nd November 2015

Statute grants English judges considerable discretion when it comes to the transfer of property on the breakdown of a marriage. Cohabitees, however, are reliant on the complexities of English trust law. Since the decisions of the House of Lords in Stack v Dowden and of the Supreme Court in Jones v Kernott , the way in which cohabitees obtain an... READ MORE

The numbers are in for same-sex marriages

23rd October 2015

The Office for National Statistics (ONS) has released the numbers of same-sex marriages that have taken place in England and Wales since the implementation of the Marriage (Same Sex Couples) Act 2013. Between 29 March 2014 and 30 June 2015, 7366 weddings took place; of these, 55% were between women and 45% between men. From March 2014, the... READ MORE

China set to loosen one-child policy

22nd October 2015

After thirty-five years of being limited to one child per family, China looks set to move on. Not far though: it may only be a case of allowing two children rather than one. The controversial policy was implemented in 1979 in order to slow the country’s high birth rate, which had arisen from the fact that previous Chinese governments... READ MORE

Mostyn J finds Ian McEwan guilty of misnaming The Children Act

21st October 2015

High Court Judge Mr Justice Mostyn has suggested that superstar novelist Ian McEwan made a rookie error in naming his 2014 novel The Children Act. While Mostyn J finds the novel “excellent”, he was less than convinced by the title. McEwan’s acclaimed novel tells the story of a fictitious High Court judge of the Family Division, named Fiona... READ MORE

A third of British working mothers are main family earners

20th October 2015

A report published today by the Institute for Public Policy Research (IPPR) shows a marked shift in the way families work – both inside and outside the home – across Europe. In Britain today, one-third of working mothers are the principal breadwinners in their families. This upward swing in maternal earning has been fuelled partly by a rise in... READ MORE

Lord Lucan’s son applies for father to be ‘presumed dead’

19th October 2015

George Bingham, son of the disappeared Lord Lucan has applied to the High Court to have his father declared ‘presumed dead’. Lord Lucan went missing from his home in 1974 after the death of the family nanny, named Sandra Rivett. Ms Rivett had been murdered and an inquest a year after the fact found that Lord Lucan had murdered her. Evidence... READ MORE

Can a wife be ordered to leave the family home?

16th October 2015

In the recent case of BR v VT EWHC 2727 (Fam), Mostyn J considered an application, made by a husband in ancillary relief proceedings, to terminate the wife’s right to occupation of the matrimonial home under s.33 of the Family Law Act 1996 (FLA); removal of her home rights under paragraph 4 of schedule 4 to the Family Law Act 1996; and an order... READ MORE

Guidance on radicalisation issued by President of the Family Division

13th October 2015

Two months ago, Sir James Munby handed down judgment in a case involving children whose parents were held to be at risk of travelling to join ISIS. Now, the President of the Family Division has issued guidance on radicalisation cases appearing in the family court. Given the complexities of the cases involving radicalisation, Sir James has decided... READ MORE

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