Financial provision: Exceptional needs

Rachel Nicholl reviews the approach of the family courts in cases where a party suffers from ill health or a life-limiting illness ‘Health or physical impairment is just one factor the court will take into consideration, although it is very much intertwined with other elements such as housing, long-term needs, income and earning capacity.’ When …
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Martin v Martin [2018] EWCA Civ 2866

Wills & Trusts Law Reports | Spring 2019 #174

A company was incorporated by the husband and a friend in 1978 as equal shareholders. The husband and wife started living together in 1986, and married in 1989. At this point, the husband acquired 99% of the shares and the wife 1%. They separated in 2015.

On a wife’s application for a financial remedy order, the judge found that the capital assets were £182m in properties and pension funds, and 100% of the shares in a private company, which he valued at £221m before tax and costs of sale. He found that 80% of the company’s value was marital property, by applying a straight-line ap...

Financial Provision: In sickness and in health

Frances Bailey looks at the potential impact of physical or mental disabilities on financial awards, and the relevant case law ‘Poor health may impact on, and increase, income needs, particularly where a party has, or will have in the future, a need to pay for costs of medicines, care and support.’ Section 25, Matrimonial Causes …
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Privacy: Behind closed doors

Shlomit Glaser and Tim Jones examine issues of privacy and confidentiality in family proceedings ‘There remains a judicial discretion to determine whether the media can be in attendance and the extent to which what they witness may be reported.’Confidentiality can be a significant issue in family proceedings for many divorcing couples. This is particularly so …
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Business Assets: Back to reality

Joanne Green looks at business assets including valuations, issues of liquidity and the options available to the court ‘When deciding how to deal with the business assets, the court should first consider whether there are any available funds in the business and if there are, the most tax-efficient way of extracting them from the business.’When …
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Media Access: Private affairs

Charlotte Conner summarises the diverging approaches of the judiciary to media access and privacy and the implications for the parties ‘Where parties are compelled to provide details of their economic circumstances, most would be alarmed to think that it could all be made public.’Restrictions on the reporting of financial remedy proceedings by the press have …
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Standard Of Living: Lifestyle factors

Hazel Wright and Phoebe Sutton suggest that despite the provisions of section 25 the standard of living of the parties is becoming less relevant ‘It is hard to see future courts awarding periodical payments based on the standard of living in the great majority of marriages.’When family lawyers of a certain generation die, they will …
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