Marilyn Stowe Blog

Archive for the jurisdiction tag

Z v Z: a prenuptial agreement in a post-Radmacher world…

I have previously written about my reservations regarding prenuptial agreements. When they are signed, couples are supposed to be committing to a lifetime together, through thick and thin, come what may.

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A capital idea: Will courts now consider other assets in child maintenance cases? By guest blogger Lindsey Randall

In recent weeks one case has set a marker that could prove significant for those struggling to receive a fair level of child maintenance from an absent parent – the recent High Court case of FG v MBW ([2011] EWHC 1729 (Fam).

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All about domicile: what it is, and how to assert it

To divorce in England, an applicant must establish jurisdiction. One way to do this is via a form of residence in this country. In this post I detail two other potential avenues for overseas clients.

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How do you demonstrate habitual residence?

This blog receives many enquiries from people overseas who wish to know if they are able to present a divorce petition in England. The answer rests on whether or not there is jurisdiction to do so.

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Avoid the CSA: consider a contractual solution

All parents have a right to apply to the Child Support Agency for the assessment of child maintenance, but our clients often ask us about the interplay between the jurisdiction of the court and that of the CSA.

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Family Procedure Rules 2010: Remarks & Resources

Today, before drawing this series to a close, I would like to briefly point out that those who practice in transnational cases are used to considering exactly how clients come within the jurisdiction of the English court, in terms of residence or domicile.

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Letters of request: will other countries co-operate? By guest blogger Robin Charrot

Some recent, and surprising, court decisions from offshore jurisdictions, namely Bermuda and Jersey, demonstrate the fluctuating levels of cooperation that the English family courts can expect to receive in divorce cases. In English divorces when …

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Divorce in Europe: primed for change?

On Friday I enjoyed the company of family lawyers from around Europe. We had gathered in Paris for the opening of the law firm Cabinet CBBC (formerly the Cabinet Veronique Chauveau). With so many of us gathered in one place, the talk turned to …

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An English Family Lawyer in Chicago

I am in Chicago this week; I was delighted to address the lawyers at Schiller DuCanto & Fleck LLP, the largest family law firm in the USA. The city is buzzing: in a few days’ time Oprah will close the famous Michigan Avenue – the …

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Child Support and Overseas Parents

I recently heard a case about a father, living overseas, who was billed £12,000 for child maintenance by the CSA when he returned to England. My first thought was there had been an administrative error.

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A question of trusts

A trust is an investment – so is sound advice. Trusts are, without a doubt, bêtes noires for many family lawyers . A client attending a first meeting will expect clear answers, not waffle, particularly if he or she is the beneficiary of a …

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What if Heather Mills had divorced abroad?

Could she have had a second bite of the cherry? Clearly, Heather Mills was distraught when she stood on the steps of the Royal Courts of Justice and ranted about her award, the judgment and her treatment at the hands of the English court. There are …

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Marilyn’s Thought For The Day

The young man knows the rules, but the old man knows the exceptions.

- Oliver Wendell Holmes

Awards

UK Blawg Awards 2010

About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.

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Note

All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.

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