Financial provision: An invisible cohort?

Farhana Shahzady asks whether family lawyers are failing women who are going through the menopause The worry is that the voice of some women is being lost and the level of hardship some women are being asked to endure due to menopause in later life is far from fair, when ironically fairness is the backdrop …
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The 1975 Act: Applying the principles

Amy Berry provides practical points on seeking to extend time under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 It is of fundamental import to remember that the divorce fiction, to which the pre-acquired/non-matrimonial asset issue relates, is only one aspect of the s3 criteria that the court must weigh when considering …
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Financial remedies: A misspent youth?

Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …
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Financial provision: Short but sweet

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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Non-matrimonial assets: To mingle or not to mingle?

Rebecca Viola summarises the approach taken to trust assets introduced into a marriage and the factors that will be taken into account by the court as to the nature of such assets Property or assets owned by a party which derive from a source outside the marriage will not per se be excluded from the …
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Special contributions: Consigned to history?

Lisa Churchill highlights how the approach to special contributions has changed over the years and how such contributions have been quantified by the courts The courts are seemingly now more cautious in departing from equality due to the special contribution of one party. Special contribution in a marriage has often been a difficult argument to …
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Conduct: Changing the blame game?

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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Financial provision: Few and far between

Andrew Smith argues that, despite appearances, compensation awards arising from a relationship-generated disadvantage are unlikely to be commonplace following RC v JC The wife’s health had a significant bearing on her earning capacity for the foreseeable future, to the extent that Moor J would not ascribe her an earning capacity. In RC v JC [2020], …
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Financial provision: Not-so-special

Catherine Doherty examines the approach to stellar contributions and whether such arguments are now largely obsolete ‘The Court of Appeal felt that it could only determine that there was not such a disparity in the parties’ respective contributions that it would be inequitable to disregard them when deciding what award to make.’ The decision of …
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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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