Wills & Trusts Law Reports | Summer 2021 #183The claimant was the former spouse of the deceased. They were divorced in the Southampton County Court and by an order dated 6 May 1982 (the order) it was provided that neither party was entitled to make a claim against the estate of the other under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act) unless the parties remarried. Although the parties did not remarry, by the time of the deceased’s death they were living under the same roof. The defendants, who were the two sons and executors of the deceased, denied that the claimant and the de...
Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …
Continue reading "Arbitration: A wider appeal"
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In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …
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David Wilkinson reviews the court’s approach in a case involving conduct, multi-faceted litigation and a family business ‘It is arguable that a “predicament of real need” would be exactly what the husband would have been in had the final order penalised him in terms of his conduct.’ Cohen J’s judgment in TT v CDS [2019] …
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Suzanne Todd examines family law developments during the millennium so far and what the future holds ‘It is essential for family lawyers to have a bank of highly regarded therapists, counsellors and coaches to whom they can refer clients to ensure that they have the expert advice that they need.’ The 21st century has seen …
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Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age ‘For those over the age of 65 who have built up their pensions over a long working life and entirely prior to marriage, it will be of great importance to them to ensure that there is clarity as to how their …
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Abigail Lowther considers pre-nuptial agreements and the requirement for needs to be met to ensure such an agreement is valid ‘While the husband could be expected to meet his own needs from income, the possible impact on the children of seeing their father as the “poor relation” would create an unhappy and divisive disparity in …
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Suzanne Kingston and Ciara Moore highlight key considerations for pre-nuptial agreements around the world A panel discussion at the International Academy of Family Lawyers (IAFL) meeting in Stuttgart regarding international pre-nuptial agreements included brilliant lawyers from around the world, who have helped prepare this article. We considered a number of the key issues of the …
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Vikkie Chetcuti examines case law developments on pre-nuptial agreements, in particular as to legal advice, jurisdiction clauses, needs and sharing, in the post-Radmacher era ‘In Brack the Court of Appeal grappled with the issue of whether the mere existence of a valid pre-nuptial agreement meant the court was constrained as a matter of course from …
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Judith Klyne highlights the significance of legal advice on the terms of a marital agreement, and whether the lack of such advice will be fatal to its validity ‘Legal advice will be a useful indication to the court that the parties have had the terms of their agreement explained to them, but the absence of …
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