Where either or both parties have business assets, the matter of valuing the assets can be particularly complex and challenging. Expert professional valuations are crucial to determining the issues, given the factors at play. The parties separated after a marriage lasting around five years. H was a dual citizen in the UK and in country …
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Practitioners who don’t routinely advise clients who are moving to, or returning from abroad (or who own foreign assets) should note a new Law Society Practice Note on mental capacity issues in an international context. Its focus is limited to LPAs (property and affairs), EPAs and deputyship. Solicitors are increasingly dealing with matters that involve …
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HMLR has made a small but important change to PG26 (leases: determination). ‘Section 3 relating to determination on merger has been amended to clarify that an application must be made against all affected titles so that it is clear there is an intention to merge the estates.’ It is important for practitioners to ensure that …
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The court has power to vary or suspend a periodical payments order under s31 MCA if a parent’s financial circumstances change significantly. As always, the court will consider the welfare of the children before making any order. A was a company executive in China with an income assessed at £7,500 a month. In June 2023 …
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HMLR has made a change to PG64 (prescribed clauses leases) as follows: ‘Section 5.5.2.1 relating to the completion of prescribed clause LR5.2 explains the importance of completing this clause when the provisions of any of the following Acts affect the way in which HM Land Registry must deal with the application: Leasehold Reform Act 1967, …
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In February’s edition of PL, we covered an adoption decision in which a judge criticised the LA for refusing a birth mother direct contact with the child. Another LA has attracted judicial criticism for its failure to understand its obligations around support services. LAs have a statutory obligation to offer appropriate support services to prospective …
Continue reading “Adoption support services – statutory obligations”
HMLR has made a change to PG27 (the leasehold reform legislation). If the impending changes to leasehold are introduced, practitioners must become familiar with PG27. The update is as follows: ‘In section 1 reference has been added to the Leasehold and Freehold Reform Act 2024. Sections 4.1 and 5.3 have been amended as a result …
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The Family Justice Council has published best practice guidance for lawyers on neurodiversity in the Family Justice System. The move is intended to provide fairer treatment for neurodivergent children and families given the additional barriers they face. Aimed particularly at legal practitioners who work with neurodivergent users of the justice system, the President states in …
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