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The Review Issue 210

With the outbreak of Covid-19 many of you will not be at your offices to receive your printed copy of The Review but help is at hand. For every issue we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

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Guidance Note on Modern Families

The family is not just heteronormative (straight couples) and likely never was. The existence of alternative families is more mainstream and accounts for more than 5% of the population and there will be locations in the UK e.g. Brighton, Manchester and London where that percentage is much higher. This Guidance Note is a resource for members to help increase the understanding of these issues.

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Experience of a Collaborative Client and a Collaborative Practitioner

Ruth Hare, Director of Reach Psychology Ltd and Associate Member of Resolution reveals how her personal experience of collaborative divorce led to an interest in lawyer well-being, revealed a new community of practice and led her career in an unexpected direction.

Nick Wyn-Williams, Partner at Rees Page who represented Ruth’s ex-husband, reflects on being part of ‘team Hare’, and his insights from having a mirror held up to the collaborative process by a psychologist.

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Family Consultants and Psychologists in Collaborative Practice

As dispute resolution practitioners, we constantly find ourselves navigating private aspects of human relationships and emotions. An experienced family lawyer and mediator confided in me that she did not feel competent in handling the emotional aspects of disputes. As a psychologist, I often feel equally inadequate in dealing with the legal elements of family disputes. Our individual experiences with collaborative practice revealed how an integrated and interdisciplinary approach to dispute resolution can be mutually beneficial to our practice while also improving the quality of service for our clients.

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Unfunded Public Sector Schemes – useful information for Pension Sharing

Public Sector Pensions have changed over the years, meaning that we now have a number of different sections within each scheme. This can make it confusing when it comes to trying to negotiate a settlement for Pension Sharing.

For example, it is not always obvious at what age a pension credit will be paid and if there are a number of sections to a scheme, will one Annex share them all?

In this article, we take a closer look at the Unfunded Public Sector Schemes – these are the ones that do not have a pot of money behind them, so a Pension Sharing ex-spouse is offered internal membership, rather than an external transfer out.

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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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