Legal consultation on mental capacity launched

July 7, 2015 0 comments

mental capacity

The Law Commission has launched a review of current laws surrounding mental capacity and deprivation of liberty. Mental capacity is the ability to make decisions regarding one’s own welfare and best interests. If this is compromised due to illness or disability, doctors and carers may sometimes wish to restrict the person’s ‘liberty’ in their own…

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The Law Commission begins review of marriage law

April 13, 2015 1 comment

marriage

The Law Commission has launched a review of marriage legislation. Following an official request by the government, the Commission has begun the initial ‘scoping’ phase of a review of the laws concerning marriage in England and Wales. The primary issue to be considered is whether or not current laws, which have evolved over a lengthy…

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Financial orders and new ideas

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March 17, 2015 1 comment

financial orders

Yesterday I looked at the Law Commission’s recent consultation paper on the enforcement of financial orders, concentrating on the Commission’s proposals to improve the existing system of enforcement. In this post I will conclude my look at the paper by considering the Commission’s proposals for new methods of enforcement. Once again I will use the…

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Reforming enforcement of financial orders

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March 16, 2015 1 comment

child maintenance

It is a trite point, but it needs saying: there is no point whatsoever in obtaining a financial order against the other party in family proceedings if that party disregards the order and you are unable to enforce the order against them. Unfortunately, enforcing orders under the current system can be extremely difficult and time…

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Enforcement of financial orders considered

March 11, 2015 2 comments

The Law Commission has published a consultation paper seeking views on the enforcement of financial orders. Such orders are issued by the family courts when separating couples are unable to reach agreement amongst themselves or when parties seek an enforceable order. They are usually designed to meet the reasonable needs of both parties and maintain…

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Piecemeal reform continues unabated

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January 28, 2015 0 comments

It seems that hardly a month passes without some new report recommending reform of some part of the family justice system. These reports emanate from a number of sources, including the Law Commission, the Family Justice Council and various ‘working groups’ set up by the President of the Family Division. Keeping track of it all…

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2014 review part 1: a new beginning

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December 22, 2014 1 comment

family law

It has been a momentous year for family law. I could not possibly review all that has occurred in one post, but I shall try to keep things as succinct as possible, confining myself to just three posts, rather than the six I used to summarise last year’s events. The year began with the government…

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The uncertainties of spousal maintenance

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December 17, 2014 4 comments

finances and divorce

A Scottish, French and English lawyer explain to a client how the law works in their countries in relation to spousal maintenance. The Scots lawyer says: “You’ll get three years maximum and hard luck after that”. The French lawyer just says: “Hard luck”. Finally, the English lawyer shrugs his shoulders, starts making hand gestures and…

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