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 …
Continue reading "Non-Matrimonial Property: Beyond reach?"
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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.’ …
Continue reading "Non-Matrimonial Property: Moving forward?"
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Rebecca Harling summarises the approach to privacy in family proceedings and asks whether the current system lacks clarity ‘Within the sphere of family justice, as with many other practice areas, the desire to promote transparency and the right to a fair hearing must be carefully balanced with the right of privacy.’ Open justice is one …
Continue reading "Privacy: Clear as mud?"
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Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth ‘Assuming the parties’ needs are met, the courts may distinguish between different categories of non-matrimonial property.’ Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during …
Continue reading "Non-Matrimonial Assets: Further distinction"
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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 …
Continue reading "Financial Provision: Continuum or new venture?"
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Wills & Trusts Law Reports | October 2015 # 153Having entered into a pre-nuptial agreement, WA (‘the wife’) married HA (‘the husband’) in 1997. The wife was an heiress and the husband brought modest assets of his own to the marriage. They kept their finances separate. The couple and their three children lived on a very large estate (‘the Z estate’) during the marriage and restored it using the wife’s finances.
The marriage broke down in 2014. Both the wife and husband instructed expert family lawyers which supported the brokerage of an agreement. Following disclosure of their respective gross and net incomes, it was agreed tha...
Wills & Trusts Law Reports | January/February 2015 #146The claimant was the settlor of three trusts and applied, under the Variation of Trusts Act 1958, for approval of similar arrangements for the benefit of minor beneficiaries under the trust and for future, yet unborn, beneficiaries under the trust.
The principal defendants were the trustees, the adult beneficiaries (who consented to the proposed arrangements) and the minor beneficiaries, acting through their litigation friend.
Before the hearing the parties had contact Chancery Listing and obtained agreement that the cases would be listed for hearing with initials ...
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 …
Continue reading "Pre-Acquired Assets: Setting apart"
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In the first of a two-part analysis Sonny Patel looks at the approach to the quantum of spousal maintenance ‘The choices made by the parties as to the care of their children are an important factor in determining how that care should be provided and shared both by reference to day-to-day care and the funding …
Continue reading "Spousal Maintenance: Calculating need"
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Jane Booth analyses the factors the courts will take into account when considering non-matrimonial assets ‘When considering the division of assets, where the assets are neither matrimonial assets nor jointly generated by the parties, the duration of the marriage might be a significant factor in the determination of the distribution.’ The decision in G v …
Continue reading "Non-Matrimonial Assets: A question of inclusion"
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