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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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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Pensions: Balancing fairness

Kathryn Mason reviews the approach to pension assets accrued prior to marriage, including the significance of needs ‘Pension contributions made prior to the marriage fall into the category of assets that have not been “the financial product of or generated by the endeavours during the marriage”.’ This article considers the courts’ treatment of pre-marital pension …
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AAZ v BBZ [2016] EWHC 3234 (Fam)

Wills & Trusts Law Reports | Autumn 2017 #169

AAZ (W) applied for financial orders ancillary to her divorce from BBZ (H). H was the sole director of the second respondent C Ltd, a Cypriot registered company and the trustee of a Bermudian Discretionary Trust (the trust). P Ltd, the third respondent, is a Panamian company which H said was within the trust. P Ltd was said to hold the bulk of the wealth in the case. None of the respondents took any part in the trial. H was in breach of several court orders, including one compelling his personal attendance for the duration of the trial.

H and W had been married since 1993 when the...

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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Non-Matrimonial Assets: Further distinction

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 their …
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Financial Provision: Continuum or new venture?

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 …
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Pre-Acquired Assets: Setting apart

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 …
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Non-Matrimonial Assets: A question of inclusion

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 …
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