Blogs & opinions
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Matrimonial home treated like other assets for sharing
No inference to be drawn from title being in joint names
Adoption granted to prevent challenge to other orders
Court allows applications by children's aunt and her husband
Holiday leave refused where risk of children not returning
No adequate safeguards if removed to Algeria
Pre-matrimonial assets as special circumstances
Case also discusses needs justifying periodical allowance
Court sets out threshold test for permanence order
Legislation criticised as sheriff's decision upheld
Contact restoration outweighed by mother and child's opposition
Indirect contact allowed though direct not in best interests
Succession Act brings in the divorce effect
[Provisions for spouses to be revoked on divorce or annulment]
Sheriff principal wrong to overturn refusal of contact
Case should in any event have been reheard of new
Pre-cohabitation payment can be factor in financial claim
Ultimate basis of fairness should mean sheriff has discretion
Agreement not unfair despite unequal division
Party challenging had preferred security and peace of mind
Expert evidence ruled inadmissible in relocation case
Kennedy v Cordia tests applied to exclude psychological reports
Conduct of farm business did not determine farm ownership
Wife fails with property claim but wins periodical allowance
Mediation protection held not relevant to child abduction
Acquiescence established in children being brought to UK
Children “in transit” still habitually resident in Scotland
Court retained jurisdiction to make s 11 order
Contact held in child's interests despite father's offending
Ethnic mix held important in retaining parent-child link
Ten month delay did not vitiate contact refusal
Lapse of time did not alter substance, sheriff principal rules
Maintenance payments: ascribed to arrears first?
Court holds intention was to meet current payments
Relocation bid fails to get off the ground
Sheriff questions how case ever reached proof stage
“Sham” separation allegation rejected in assets claim
Action to reduce alienations fails on residence grounds
Time bar bullet
Front rank defence to s.28
Division of sale: absolute remedy?
Not according to Fraser v Fraser
Cross-border divorces
Advice shifts after Pitchford decision
Maintenance Orders Act 1950
Clarity emerges over application
Impact of DNA refusal
This can counter paternity presumption