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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Financial provision: A helping hand

Che Meakins looks at the issue of needs in financial proceedings, and the guidance available to assist parties, practitioners and the courts ‘In the case of a financial application made at the time of separation, the court is likely to classify any identified needs as generated by the relationship more or less by default.’ Family …
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Periodical payments: Creative accounting

Emma Doughty explores the practical challenges when negotiating periodical payments, with a particular focus on cases involving a high-earning spouse ‘Global periodical payments orders are legitimate provided there is a “substantial ingredient of spousal support”, because such orders do not challenge the jurisdiction of the CMS.’ The decision in AB v CD [2017] illustrates the …
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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 Assets: The significance of origin

Kevin Danagher examines the High Court’s decision in Christoforou v Christoforou, and the approach to evidencing claims that are non-matrimonial ‘Non-matrimonial property provides the court with a reason to depart from equality, and in some cases fairness suggests that the party with non-matrimonial property should be allowed to keep it, subject to issues of need …
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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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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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Business Assets: Alternative methods

John Oxley considers the valuation of assets, where the formation of such assets predated the marriage, and the different approaches taken by the courts ‘Businesses often grow in spurts and splutters, rather than straight lines. A linear approach fails to consider the active and passive aspects of any such growth.’In high-value matrimonial cases, the court …
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Financial Provision: Short but sweet

Priya Palanivel and Shantel Burbridge examine the Court of Appeal’s decision in Sharp v Sharp, and the potential impact on the approach to short marriages ‘The facts of Sharp meant it was “one of the very small number of cases” where the circumstances justified a departure from the principle of equal sharing.’The duration of marriage …
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