Anna-Laura Lock and Anisha Patel analyse the courts’ approach to third-party financial support and when the pressure of entering into an agreement may be considered ‘undue’ Peel J noted in WC v HC that the function of the court is to distribute the parties’ resources, rather than the resources of their wider families. In WC …
Continue reading "Nuptial agreements: Keeping it in the family"
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Wills & Trusts Law Reports | Spring 2018 #171When the parties met in July 2000, they had both been previously married. In the husband’s case, a difficult divorce caused him to set his face against remarriage. He had three sons who spent significant periods of time with their father in a substantial property near Reading (Property G) which had a value of £3.35m. He (together with his brother) had a successful business in international travel and tourism, owning 51% of the shares in the company valued at £30m. The wife, who had no children, had two rented properties with a combined equity of £245,615. By the time she moved into Prope...
Wills & Trusts Law Reports | January/February 2012 #116On H’s ancillary relief claim, Bodey J awarded him a sum of £5m pursuant to an open offer made by W. W had assets worth approximately £57m and H had assets of approximately £300,000, represented by the former matrimonial home which was transferred to him by W in the course of the divorce. The couple began cohabiting in Israel in 1986, and underwent a ceremony of marriage that was not valid under Israeli law. They married legally in England in 1991, where they have lived ever since. The length of the relationship was 21 years and there are children from the marriage. Substantially the who...
John Darnton discusses Robson, which has lessons for the management of family trusts ‘In Robson the estate had not been in the family ‘for generations’ but it was Mr Robson’s case that it had been his father’s intention to create a dynastic arrangement and not just a tax-efficient structure.’In October 2010 the Court of Appeal …
Continue reading "Divorce And Trusts: Carcass of the golden goose"
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Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’ The case …
Continue reading "Inherited Assets: Preserving for the future"
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