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Called in 1980, Paul has been involved in family work for all of his career. He is a mediator and IFLA arbitrator. He has been counsel in a number of report cases including as leading counsel in the Court of Appeal in Birch v. Birch and junior counsel in that case in the Supreme Court.
A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included by mistake and that the premiums were part of the provision for spousal maintenance. If the other party will not agree to the removal of the undertaking, how may this be rectified?
A property is owned on the basis of 50:50 beneficial ownership. The party now excluded from the property has paid 100% of the mortgage payments. The other party is occupying the property with three minor children and pays some of the bills (for example, council tax, etc). Both parties wish the property to be sold. Aside from mortgage payments and renovations that have directly increased the value of the property, what else (if anything) can be offset against a claim for an occupation rent?
A spouse wishes to divorce having had no contact with their spouse for 30 years, whom they presume to have died. Should a combined petition in Form D8D be submitted for a presumption of death order and the dissolution of the marriage, or should an application for a divorce be made together with an application to dispense with service?
An unrepresented party agreed to the proceeds of sale of a property being held by their spouse’s solicitors and later stated to those solicitors that the funds could be used to pay their spouse’s rent. If that party then removes their consent, can the spouse’s solicitors continue to pay the rent from the proceeds of sale?
Can a consent order that includes provision for a deferred lump sum and a capital clean break be varied by consent to substitute the lump sum order with a pension sharing order and retain the clean break provisions?
Can a financial consent order, or a final order made by the court, include provision for both parties to each pay lump sums to the other party, ie for there to be two lump sums with different payers and payees in the order?
Does the enjoyment of income from a non-matrimonial asset not, in itself, mean that the asset becomes matrimonial in nature?
How may an order made in matrimonial proceedings in Hong Kong for the transfer of a property located in the UK be enforced in England and Wales, including in relation to execution of a deed of transfer?
In proceedings under the Trusts of Land and Appointment of Trustees Act 1996, can an extension to the deadline for witness statement be agreed between the parties, or is an application to the court for permission and relief from sanctions required?
When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure Rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs?
Where a divorce petition was issued relying on domicile as the basis for jurisdiction, and the petitioner would now satisfy the requirements as to habitual residence, is it possible to amend the petition and add habitual residence as a basis for jurisdiction, or is it necessary to file a new petition?
Where a parent is paying child maintenance and is below the Child Maintenance Service threshold so an application for a ‘top-up’ maintenance order is not possible, can an application be made under Schedule 1 to the Children Act 1989 for the payment of nursery fees as an educational expense?
Where a pension sharing order has been made and implemented against a pension arrangement in respect of a spouse from a first marriage, can a pension sharing order be made in relation to the same pension arrangement in divorce proceedings involving a second spouse?
Where one spouse has registered home rights against a property that they have not physically occupied for a few months, can they move back into the property without obtaining the leave of the court? If leave is required, what is the procedure and can an application be made without notice to the other party where there is a risk of harm?
Where the petitioner sought 50% of their costs in relation to the divorce suit in the petition, can they increase their claim to 100% of their costs on applying for the decree nisi?
Haberdashers' Aske's School, Elstreet
The Peddie School, Hightstown, New Jersey, USA
Inns of Court School of Law
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