B v S (Financial Remedy: Marital Property Regime) [2012] EWHC 265 (Fam) – Page 2 – Law Journals

Periodical Payments: Short-term solution

Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant.’ There seems to have been a sea-change in recent years with …

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International Focus: Overseas influence

Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong ‘In Hong Kong, the wording of the relevant matrimonial legislation is very similar to that of England and Wales and, for that reason, the courts tend to look to English case law to assist in interpreting that law.’ Prior …

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Family Businesses: The golden goose

Rebecca Stone reviews the case law relating to family businesses and the differing approaches taken by the courts to such assets ‘In F v F (clean break: balance of fairness) [2003] the judge accepted that where some of the assets are illiquid it may not be possible to achieve either the aim of equality or …

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Pre-Nuptial Agreements: Turning of the tide

Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commission’s report ‘“Needs” in the context of a pre-nuptial agreement can be significantly less than they would otherwise be. But where the guillotine falls in any given case is intensely fact-specific.’ When, in October 2010, the Supreme Court …

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Periodical Payments: Time check

In the conclusion to a two-part analysis of periodical payments, Sonny Patel discusses the courts’ approach to the duration of orders ‘Cohabitation with a new partner by the payee will not automatically terminate a joint lives maintenance order but the new partner’s means and capacity to contribute to the payee’s household should be assessed and …

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Financial Provision: Future proofing

Camilla Thornton outlines the courts’ approach to income such as bonuses and how this may be reflected in an order for periodical payments ‘The inherent uncertainty of bonus payments provides, in part, the reason why the setting of a cap is essential in order to avoid the unintentional unfairness which may arise as a consequence …

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Spousal Maintenance: Calculating need

In the first of a two-part analysis Sonny Patel looks at the approach to the quantum of spousal maintenance ‘The choices made by the parties as to the care of their children are an important factor in determining how that care should be provided and shared both by reference to day-to-day care and the funding …

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Marital Agreements: Re-opening the door

Ellie Foster sets out the implications of any gaps in a marital agreement and the importance of needs in big money ‘The marriage settlement could be disregarded as it did not provide secure English housing for the wife nor did it prevent a claim for maintenance’. The decision of Moor J in AH v PH …

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Marital Agreements: Creating certainty

Lorraine Harvey assesses the courts’ approach and best practice when advising on pre-nuptial agreements As a rule of best practice, any serious attempt at a binding pre-nuptial agreement ought to be executed at least 21 days prior to the marriage. In recent years there has been a sharp rise in the number of couples entering …

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Family And Trusts: For richer, for poorer

Judith Millar and John Darnton guide the private client adviser through the minefield of cross-border pre-nups Although decisive weight may now be given to a pre-nuptial agreement, there is still a weighing exercise, involving judicial discretion, under s25 Matrimonial Causes Act 1973 and the outcome of that process can never be guaranteed. While private client …

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