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Finances

Greece Legalises Marriage for Same-sex Couples

Friday 16 February 2024 was a symbolic day in Greece. A landmark bill was passed by the Hellenic Parliament legalising same-sex marriage. Greece is the first Orthodox Christian country in the world to do so. A cross-party majority of 176 lawmakers in the 300-seat parliament voted in favour of the

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The Potanin Litigation: A Look Ahead

On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [1].  For a summary of the background to the proceedings and an overview of the judgment please click here. The key dates in the proceedings are as follows: 8 October 2018: The wife

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The law is an ass: goodbye to the knock-out blow

Potanin v Potanina: The Supreme Court Decision On 31 January 2024 the Supreme Court handed down the much-awaited judgment in Potanin v Potanina [1].  These proceedings relate to financial claims which can be brought in England for financial provision after an overseas divorce.  Although the parties in this case have

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Spousal Maintenance by Formula: The Canadian Experience

Introduction The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed. One of the areas which

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Cohabiting Couples and what to do with the property when it does not work?

The recent announcement at the Labour Party conference by the shadow attorney-general Emily Thornberry MP has re-highlighted the importance of reform of rights of cohabitants. An increasing number of couples are deciding to cohabit rather than enter into a marriage or a civil partnership. According to the Research Briefing published

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Important Part III case in Supreme Court

On 31 October and 1 November 2023, the UK Supreme Court will be hearing the former husband’s appeal in the case of Potanin and Potanina [1].  The appeal will consider in what circumstances it is appropriate for the English family court to allow a former spouse to make an application

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The Divorce Podcast – Is 50/50 always Fair?

Prof David Hodson OBE KC(Hons) MCIArb and renowned legal correspondent Joshua Rosenberg, join Kate Daly of Amicable in The Divorce Podcast to discuss the proposed reform by the Law Commission in respect of financial outcomes on divorce. Specifically to discuss whether 50/50 is a fair way to divide money and

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Maintenance for Children: New Formula for Old Problems?

The Child Maintenance Service (CMS) has provided a mechanism for calculating the amount of maintenance payable for children since 2012.  Its predecessor, the Child Support Agency, was launched in 1993.  Having a method for calculating child maintenance is therefore not a new phenomenon.  However, the mechanisms, whilst effective, do have

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