MAP v MFP [2015] EWHC 627 (Fam) – Law Journals

Forensic experts: In-depth analysis

Nicola Wilburn-Shaw looks at the role of the forensic accountant in financial remedy proceedings, including potential issues that may be explored and possible solutions Practitioners should be alive to the relevance of Covid-19 and experts will most certainly, and indeed should, now incorporate a valuation in relation to both the pre and post Covid-19 trading …

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Liabilities: A question of obligation

Rupi Rai reviews the courts’ treatment of debts in financial proceedings, particularly in cases involving family loans ‘The courts consider the steps taken by all parties when money is loaned very carefully, together with the behaviour of parties after the money is loaned, and when and why the loan is recalled.’ The family courts are …

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Delay: Proceed to go

Helen Cort discusses how economic uncertainty can impact on the divorce rate, and the potential pitfalls that may be encountered if divorce proceedings are delayed until more certain times ‘It is vital for spouses to seek advice on the tax implications of separation, divorce and any proposed settlement at the earliest opportunity.’ It may be …

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Conduct: Balancing the scales

Elizabeth Simos looks at issues of conduct and non-disclosure, and the impact where adverse inferences are drawn in needs cases ‘Arguments as to add-backs essentially come down to issues of conduct, namely conduct that it would, in the opinion of the court, be inequitable to disregard.’ Much to the dismay of ‘wronged’ spouses in England …

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Conduct: The blame game

Natasha Kurth suggests that arguments as to conduct should be rare in financial proceedings, and approached with caution ‘In R v B each party accepted that the conduct allegations raised could amount to conduct that it would be inequitable to disregard, but denied that the factual position justified such a finding in this case.’ The …

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Divorce: Silver splitters

Fiona O’Sullivan examines the increase in divorce rates for older couples and the financial considerations that may apply in such cases ‘With the freedom to “cash in” defined contribution schemes, each spouse may have access to capital that in some cases is sufficient to fund the purchase of alternative accommodation, or at least provide a …

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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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