Daga v Bangur [2018] EWFC 91; [2019] WTLR 455 FamD – Law Journals

Financial provision: Under the radar?

Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …

Continue reading "Financial provision: Under the radar?"

This post is only available to members.

Family and trusts: Forewarned is forearmed

Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce ‘The cases provide helpful insights into how trust structures will be viewed on divorce, so that we can discern tips and practice points on creating and managing trusts most effectively.’ The court’s approach to assets held in trusts seems …

Continue reading "Family and trusts: Forewarned is forearmed"

This post is only available to members.

Trusts: The complete picture

Sean Hilton highlights the importance of identifying trust issues at the outset of a case and ascertaining the willingness of trustees to make distributions from such assets ‘Had the court in Wodehouse been fully appraised of the nature of the trusts, and had the trustees been properly questioned, the judge may have reached a different …

Continue reading "Trusts: The complete picture"

This post is only available to members.

Trusts: The complete picture

Sean Hilton highlights the importance of identifying trust issues at the outset of a case and ascertaining the willingness of trustees to make distributions from such assets ‘If the court is to find that assets not held in the name of an individual are nonetheless a resource available to them, it must first hear evidence …

Continue reading "Trusts: The complete picture"

This post is only available to members.

Financial provision: Out of bounds

In the conclusion to a two-part analysis, Bronwyn Bailey and Ethan Axelrod consider when the courts may give judicious encouragement to trustees to satisfy an order made against a party ‘The court needs to be satisfied that the trustees would be likely to respond to judicious encouragement, so that the required funds would be likely …

Continue reading "Financial provision: Out of bounds"

This post is only available to members.

Ancillary relief: All in the family

In the first of a two-part analysis, Bronwyn Bailey and Ethan Axelrod discuss the circumstances in which wider family wealth may impact on claims between spouses ‘The wife’s father maintained that he would not provide for the wife, nor prompt a trusts distribution, even if an order was made against the wife in the proceedings.’ …

Continue reading "Ancillary relief: All in the family"

This post is only available to members.