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Blood out of a stone

A court-appointed receiver is a fairly draconian step, but is worth considering as one possible strategy for an unco-operative ex-spouse.

Sadly, it is not an uncommon scenario: following hotly contested divorce proceedings an order is made that requires one spouse to make financial payments over a period of months or years to the other.

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Privilege, confidentiality and illegitimately obtained documents

In November 2019 Mrs Justice Knowles delivered a further judgment in the long-running Akhmedova v Akhmedov litigation ([2019] EWHC 3140). The judgment is a helpful summary of the law in relation to the use of illegitimately obtained documents and the circumstances in which a prima facie claim to privilege can be overridden.

In this article we will explore the background to the case, the facts and issues that arose for determination by Knowles J, the law on illegitimately obtained documents and their use in financial remedy proceedings, the law on privilege, the fraud/iniquity exception to privilege, and the decision in this instalment of Akhmedova v Akhmedov. We will finish by providing some practical guidance for practitioners.

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Grandparents within private children proceedings

As demographic and social change mean more grandparents getting involved in active parenting, what are their rights and what issues should family lawyers be looking out for?

Anyone reading the headlines of a number of broadsheet newspapers over the past couple of years could be forgiven for thinking that there is an imminent change of law to give grandparents greater rights in relation to their grandchildren. The truth is that no such change is expected in the near future, despite pressure from interested groups.

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CGT and separation

Draft legislation has been released which will impact divorcing or separating couples who are disposing of their main residence and/or transferring ownership to their former spouse or civil partner.

In this article for The Review Alison Palmer examines how the new rules will in most cases result in additional capital gains tax (CGT) by reducing the reliefs available. Some practical examples illustrate how the timing of transactions can have a significant impact on the resulting tax liability. As always, timing and detail are all-important in maximising the relief available, so professional tax-planning advice can be exceptionally valuable in such cases.

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Substitution of basic state pension on divorce

The ability to benefit from an ex-spouse’s superior national insurance (NI) contribution history on divorce, at no cost to either party, is one of the least-understood areas of pensions on divorce. Yet it can literally be life-changing for lower earners, and it takes only a matter of minutes to explain to clients. This article for The Review explores the issues of this topic.

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When fathers are mothers

Natalie Gamble and Kelly Blaxall examine the recent ruling of the President of the Family Division in Re TT [2019] EWHC 2384 and its significance one for transgender and non-binary parents who conceive children after transitioning in this article from The Review.

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Who are you talking to?

This fascinating workshop at the DR Conference 2019 explained how the left side and the right side of the brain process information in very different ways, so it can be well worth bearing in mind which aspect of the brain you want to talk to and with. James Carroll reports on it for The Review.

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