Business assets: What the future holds

Rayden Solicitors | Family Law Journal | November 2022 #218
Jessica Smith looks at a case in which the court’s approach to the projected performance of a company was key in determining the outcome The valuation of the husband’s interest in the company was the most contested issue and much turned on whether the valuation should be uplifted in anticipation of potential ‘super-receipts’ by the …

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Maintenance: A fair adjustment?

Simkins LLP | Family Law Journal | September 2022 #216
Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …

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Bonuses: Part of the pot?

Withers LLP | Family Law Journal | July/August 2019 #188
Katharine Landells examines the courts’ approach to bonus income and the significance of both timing and needs ‘The Court of Appeal was clear that there is no hard and fast rule that all assets accumulated during a marriage will necessarily be shared equally on divorce.’ In determining a fair outcome for financial division on divorce, …

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Spousal maintenance: A system of Russian roulette?

Kingsley Napley LLP | Family Law Journal | July/August 2019 #188
Sital Fontenelle and Elizabeth Burch consider the different approaches to spousal maintenance and whether a formula for maintenance would provide clarity ‘Duxbury is clearly still the starting point – and currently the favoured approach by judges, however there is increasing interest in exploring alternative methods.’ How much and for how long is a standard question …

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