GS v L [2011] EWHC 1759 (Fam); [2011] EWHC 2116 (Fam) – Law Journals

Pensions: Balancing fairness

Kathryn Mason reviews the approach to pension assets accrued prior to marriage, including the significance of needs ‘Pension contributions made prior to the marriage fall into the category of assets that have not been “the financial product of or generated by the endeavours during the marriage”.’ This article considers the courts’ treatment of pre-marital pension …

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Financial Provision: Behaving badly

Sarah Passemard looks at the development of case law on add-backs based on financial conduct ‘Even where it appears that one party may have indulged in risky financial behaviour, it may not be appropriate for there to be an add-back, or indeed for any kind of financial misconduct to be pleaded.’ One website described the …

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Pre-Acquired Assets: Setting apart

Fiona Wood outlines the courts’ approach to assets acquired prior to marriage and the factors to be taken into account Need cannot be assessed in isolation of the factors that are the key to the performance of the sharing principle such as pre-acquired wealth. The issue of pre-acquired assets arises in many divorce cases. While …

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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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Costs: No order or a clean sheet?

Richard Adams sets out a reminder of the courts’ approach to costs orders in family proceedings ‘The approach of the court in making costs orders will depend on the exact nature of the proceedings, although the types of costs orders available remain the same.’ The recent Court of Appeal decision in Solomon v Solomon [2013] …

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Litigation Conduct: Drawing inferences

Frances Bailey considers the courts’ approach where a party’s conduct during proceedings is in issue ‘An analysis of any add-back argument must also include an analysis of what both parties have spent and that the argument must be analysed in context.’ As ever, the law reports are seemingly full of cases where one party’s approach …

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Costs: Costly behaviour

Claire Glaister highlights the court’s approach to costs in GS v L and issues of conduct ‘Since the change in rules, the courts have been reluctant to depart from the general rule, and many family lawyers and their clients alike feel that this has caused injustice.’ The Family Proceedings (Amendment) Rules 2006 came into force …

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