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A Practical Guide to Re-marriage and Divorce

A Practical Guide to Re-marriage and Divorce

A Practical Guide to Re-marriage and Divorce

Author: Cordelia Williams; Claire Howard
Publisher: Law Brief Publishing
ISBN: 9781916698437
Published In: September 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 559.86

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Description
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As family practitioners, the topic of remarriage before a party’s finances arising from their divorce are settled is one which often occurs in time pressured and stressful circumstances. This book is designed to assist practitioners with providing timely and accurate advice to preserve a remarrying party’s financial claims where possible.

Featuring a foreword by Samantha Hillas KC, this book firstly examines the legal consequences of remarriage, to be able to advise clients how to avoid falling into the ‘elephant trap’ of premature remarriage – a term coined by late Singer J in the case of E v E [2008] 1 FLR 220.

This book further explores the alternatives which may be available to a remarrying or remarried party, the applications which may be available, including what a practitioner should look for in existing applications to consider the risks and merits of such party’s claims, and finally the implications of a remarried party attempting to ‘piggy-back’ off the unmarried party’s claims.

Introduction

Chapter One – The Law

Chapter Two – What are the Alternatives When in the ‘Elephant Trap’?

Chapter Three – The Application

Chapter Four – Piggy-Back Claims

Chapter Five – Competing Claims

Chapter Six – Conclusion

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