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Duncan Lewis:Family

Divorce Lottery in light of S v AG (Financial Remedy: Lottery Prize) by Lucine Shahbazian (20 December 2011)

On divorce, both the Petitioner and Respondent can make a claim for financial relief against the other. All assets, owned jointly or solely, by either party to the marriage, form part of the matrimonial kitty to be divided between the parties (following s.25(2)(a) MCA 1973).  Read more...

Duncan Lewis:Family

An analysis of RE F (INTERNAL RELOCATION) [2010] EWCA Civ 1428 CA, and its impact within children act proceedings (28 October 2011)

The correct way to deal with a parent’s objection to internal relocation is by issuing a Prohibited Steps Order (PSO). As with all s.8 contested applications, when deciding whether the court should make an order, the court will examine the welfare principle under s.1(1) of the Children Act 1989, and the welfare checklist under s.1(3) of the children Act 1989.  Read more...

Duncan Lewis:Family

Family Procedure Rules 2010: A summary of the impact for Children’s Law Practitioners. (6 June 2011)

On 6th April 2011 the Family Procedure Rules 2010 came into effect. These rules encompass all courts from the Family Proceedings Court to the High Court Family Division and all family proceedings. As a consequence there is no longer a need to cross refer between rules such as the Family Proceedings Courts (Children Act 1989) Rules 1991 or the County Court Rules 1981.

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