Conduct: In the extreme

Vardags | Family Law Journal | November 2021 #208
Sophie Groves and Valeria Gampl consider the impact of non-financial conduct in financial proceedings Despite the statutory provision naming conduct as one of the factors the court takes into account, the reality of arguing non-financial conduct successfully remains reserved to cases of truly exceptional circumstances. Family law practitioners are often faced with difficulties in managing …

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Financial provision: Short but sweet

Slater Heelis | Family Law Journal | October 2021 #207
David Wilkinson looks at a decision of Mostyn J as to the approach to short marriages and the assertion that whether a marriage has produced children or not is immaterial as to the division of assets Mostyn J’s judgment is notable for its legal rather than zoological analysis of the ‘white leopard’, representing the rare …

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Conduct: Changing the blame game?

Kingsley Napley LLP | Family Law Journal | March 2021 #201
Rachel Freeman examines the impact of conduct within financial remedy proceedings and how revised costs provisions have added to the pressure to negotiate reasonably That a spouse’s bad behaviour will be disregarded in the financial settlement is already a bitter pill for some clients to swallow, yet now they are under more pressure to come …

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Marital agreements: Too high a price

Rayden Solicitors | Family Law Journal | October 2020 #197
Kayleigh Biswas examines when the terms of a marital agreement may be overridden by a party’s needs and the financial effect of costs on an order There were no vitiating factors in relation to the deed of separation between the parties and there was no evidence that the wife had sought to exploit her dominant …

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