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Procedure – adoption; final hearings

The President of the Family Division has given guidance clarifying the legal requirements and practical arrangements for final hearings in adoption applications, and adoption visits.
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Divorce procedure – defective petitions and decrees

Divorce petitions issued in breach of s3 MCA 1973 are null and void, and any decree nisi or decree absolute purportedly granted by the court as a result is therefore null and void. 
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Declaration – presumption of death

The court was satisfied that a missing person had not been known to be alive for at least seven years, and a declaration of presumed death was granted under the Presumption of Death Act 2013.
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Child maintenance – enforcement abroad

Family practitioners will find useful a recent House of Commons briefing paper on child maintenance where a non-resident (NR) partner/person with care lives abroad.

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Procedure – REMO countries

Reciprocal enforcement of maintenance orders (REMO) is vital where child maintenance orders need to be enforced in both EU and non-EU countries.

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Adoption – new regulations

 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018.

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Care orders – human rights

The key issue for the court to consider when identifying and determining whether a child who is the subject of care or interim care orders is deprived of their liberty is whether the child is being confined.

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Separation – equity in property

An estranged couple agreed between them that H would pay half of the mortgage repayments on W’s property. Despite his failure to do so, W later had the property transferred into both their names – and H then became bankrupt.

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Civil partnerships – status abroad

The legal status of an English civil partnership is not recognised in a number of countries, warns the author of this article who states that ‘civil partners have no different status in law to cohabitants in those countries’ – placing them in real difficulty.

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Child abduction – jurisdiction

M’s application to set aside an order to return the children from Poland to England was refused – even though the children had lived in Poland for the previous 15 months and M had successfully defended proceedings under the Hague Convention.

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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