Financial Provision: Love, honour and compensate

In the first of a two-part analysis Huw Miles looks at the courts’ approach to compensation If the other party, who has been the beneficiary of the choices made during the marriage, is a high earner with a substantial surplus over what is required to meet both parties needs, then a premium above needs can …
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Pre-Acquired Wealth: Counting contributions

Kirstie Gibson studies the courts’ approach to pre-acquired wealth in a long marriage ‘Pre-marital property should be taken into account because it represents a contribution made by one party unmatched by an equivalent contribution from the other party.’ In Charman v Charman [2007] the court said that for nearly five years, since White v White …
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Pre-Marriage Assets: Modest standards

Julian Bremner analyses the impact of the treatment of pre-marriage assets on the courts’ approach ‘The court in K v L [2011] was at pains to point out that the recognition that one partner had made a greater financial contribution to the marriage than the other is not discriminative and, although superficial differences should not …
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Trusts: Every penny counts

James Lister and Sean Hilton summarise the approach to trust assets in family proceedings Case law demonstrates the need for absolute clarity from the outset, the nuanced nature of cases involving trust assets and the enhanced duties of the lawyers involved to give judges proper guidance so as to avoid unsafe decisions. It has always …
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Inherited Assets: Preserving for the future

Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’ The case …
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Radmacher (formerly Granatino) v Granatino WTLR(w) 2010-13

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