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Possible Separation From Mother Intolerable, Rules Court

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had...

Pre-Nup Upheld When Implications Understood

Family judges will approach pre-nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case . The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such...

Jail for Husband Who Flouted Court Ruling

Court orders have to be obeyed and those who defy them can ultimately be sent to prison. Exactly that happened in one 'big money' divorce case in which an 83-year-old businessman repeatedly tried to thwart his ex-wife. Following the end of the former...

Future Earning Capacity Not a Matrimonial Asset

The Court of Appeal has made an important decision in a divorce case in which the main argument was over the availability of future income to fund maintenance payments in divorce settlements. The couple involved are both accountants and the husband is at...

Pre-Nuptial Agreement Receives Court Backing

The validity of pre-nuptial agreements depends on legal advice being taken on both sides, equal bargaining positions and overall fairness. In one case, the High Court found that a wife in a big money divorce case was bound by such an agreement and awarded...

Changing Circumstances Lead to Divorce Settlement Dispute

When a wealthy construction business owner and his wife divorced in 2011, a 'clean break' agreement was made to include the sale of the two properties they owned – the family home in the UK and one in Spain. In the event that neither had been sold, the...

Supreme Court Supports Mother Who Changed Mind Over Return to Australia

Divorces where there is an international dimension often present specific issues, and a recent case involving a couple who had been living in Australia before they separated is no exception, leading ultimately to a hearing in the Supreme Court . The...

Everyone Has a Right to Know Who Their Parents Are - DNA Test Case

In a ground-breaking decision that prioritised the rights of the living over those of the dead, the Court of Appeal has opened the way for genetic testing of DNA extracted from a sample taken from a cancer victim before his death in order to clarify the...

Direct Contact With Both Parents Best Promotes Child Welfare

Family judges know that children normally do best when they have direct contact with both parents. The Court of Appeal underlined that point in a case concerning five ultra-Orthodox Jewish children whose transgender father had been ostracised by the close...

No Pay, No Passport?

In a consultation paper published just before the December holiday season , the Department for Work and Pensions (DWP), which is the Government department that deals with child maintenance payment arrangements, outlined significant powers that would enable...
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