Pensions: Lessons to be learnt

Andrew Smith highlights the first reported decision in which the Pension Advisory Group report has impacted on the approach of the court to pension assets ‘In the first reported case to feature specific reference to the PAG report, the judge drew heavily on the opinions within that report, stating that it should “be treated as …
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Financial provision: Sharing the burden

Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income ‘The court will always need to look at all the relevant circumstances of each case when deciding whether and how a party should fairly be using their free capital to …
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Marital agreements: Proceed with caution

Joe Ailion highlights a case in which, inter alia, a lack of legal advice in relation to a pre-marital agreement did not protect a dissenting party ‘It would be impractical, and prohibitively expensive, for parties to obtain advice in any of the multiple possible matrimonial regimes in which a “globe-trotting” couple may divorce.’ In a …
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Non-matrimonial property: Diverging views

Moji Sobowale examines non-matrimonial assets and the differing approaches to such assets that have developed in case law ‘The court has a wide discretion as to how to arrive at a fair apportionment of the capital assets and can simply apply a broad assessment of the division that would affect “overall fairness“.‘ The Court of …
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Non-Matrimonial Property: Beyond reach?

In the conclusion to a two-part analysis, Deborah Jeff considers the law on non-matrimonial assets and the key principles applied ‘While non-matrimonial property is subject to the sharing principle, it still typically results in a departure from equal sharing – anything from 0-100%.’ The first part of this article looked at the Privy Council decision …
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Non-Matrimonial Property: Moving forward?

In the first of a two-part analysis, Deborah Jeff questions whether the Privy Council decision in Scatliffe v Scatliffe has further developed the law on non-matrimonial assets ‘It isn’t clear whether the intention of the Privy Council was to introduce the principles of both needs and compensation when considering whether non-matrimonial property should be shared.’ …
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Short Marriages: Brief encounter

Joanne Green sets out the factors that will be taken into account by the court where a marriage is short, and looks to case law for the principles applied ‘Where pre-acquired non-matrimonial assets have been intermingled with matrimonial assets, the non-matrimonial element is more likely to be excluded from the assets that are to be …
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Financial Provision: Continuum or new venture?

Joanne Hall summarises the courts’ approach to post-separation growth in assets and the diverging views of the judiciary ‘The judgment in JB v MB reinforces that the law on post-separation accrual is highly fact specific and discretionary but must also be consistent and predictable.’ If the title of this article sounds like a Star Trek …
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