Financial provision: If not now, then when?

Tisshaws Family Law Solicitors | Family Law Journal | December 2022/January 2023 #219
Richard Adams looks at the adjournment of capital claims in financial proceedings and the need for practitioners to be alert to potentially fabricated disclosure The justification of a departure from normal practice does not necessarily need to include a real possibility of capital from a specific source becoming available in the near future, as fairness …

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Maintenance: A fair adjustment?

Simkins LLP | Family Law Journal | September 2022 #216
Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …

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Spousal maintenance: A system of Russian roulette?

Kingsley Napley LLP | Family Law Journal | July/August 2019 #188
Sital Fontenelle and Elizabeth Burch consider the different approaches to spousal maintenance and whether a formula for maintenance would provide clarity ‘Duxbury is clearly still the starting point – and currently the favoured approach by judges, however there is increasing interest in exploring alternative methods.’ How much and for how long is a standard question …

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Financial provision: Looking beyond the evidence

Vardags | Family Law Journal | April 2019 #185
Antonia Barker analyses the outcome in long-running financial remedy proceedings, where the court drew adverse inferences from non-disclosure and was unable to achieve finality ‘In addition to their use of trust-owned properties, both husbands in Quan and Joy had access to what Mostyn J described as ‘‘financial assistance kindly given”.’ In Quan v Bray [2018] …

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