Wills & Trusts Law Reports | June 2013 #130Mostyn J granted an application by the applicant (W) to set aside transactions pursuant to s37(2) of the Matrimonial Causes Act 1973 that had been made by the first respondent (H) on about 2 December 2010 by which H disposed of his 86.4% shareholding in D Holdings Limited (DH). None of the respondents opposed the application. There was an issue whether or not the effect of the order operated retrospectively for all purposes, including fiscal purposes. Judgment was reserved and further written submissions were invited to determine whether the order setting aside the transact...
In the first of a two-part analysis, Suzanne Kingston and Rachael Kelsey take a comparative view of arbitration around the world The legal framework in Scotland is well suited to the arbitration model, already allowing parties to oust the jurisdiction of the court and come to their own decision without any form of cross-check. In …
Continue reading "ADR: Wide focus"
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Lorraine Harvey assesses the courts’ approach and best practice when advising on pre-nuptial agreements As a rule of best practice, any serious attempt at a binding pre-nuptial agreement ought to be executed at least 21 days prior to the marriage. In recent years there has been a sharp rise in the number of couples entering …
Continue reading "Marital Agreements: Creating certainty"
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Judith Millar and John Darnton guide the private client adviser through the minefield of cross-border pre-nups Although decisive weight may now be given to a pre-nuptial agreement, there is still a weighing exercise, involving judicial discretion, under s25 Matrimonial Causes Act 1973 and the outcome of that process can never be guaranteed. While private client …
Continue reading "Family And Trusts: For richer, for poorer"
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Wills & Trusts Law Reports | July/August 2012 #121H and W married in December 1993 when W was 32 and H was 62. They have three children aged between 17 and 12. H’s first wife died and he had four children, (the elder children) from that marriage – all now adults aged over 35. His second marriage ended in divorce, but he had no continuing financial ties to his second wife. W had not been married before. Her limited assets, £152,000, the net sale proceeds of her flat, had been invested in an investment portfolio supplemented by contributions from H (including a transfer of shares worth £2.477m). H was the chairman of a com...
In the conclusion to a two-part analysis Hannah Minty and Sally Nash compare the differences in practice between financial provision in England and Wales and in Scotland ‘In Scotland, inherited assets are specifically excluded from the definition of matrimonial property, and therefore are not taken into account in determining entitlement to financial provision.’ Part one …
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Suzanne Kingston summarises the new family arbitration scheme and sets out the processes involved ‘Many legal commentators believe that something should now be done to provide an alternative option for those involved in family law disputes.’ Arbitration is a form of dispute resolution. The parties enter into an agreement under which they appoint a suitably …
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Lucy Marks and Vitaliy Eremin compare and contrast the matrimonial regimes in Russia and England and Wales ‘If a Russian citizen marries outside the Russian Federation in accordance with local laws, the marriage will be recognised as valid in Russia and therefore Russia will have jurisdiction to deal with the divorce, notwithstanding where the parties …
Continue reading "International Focus: Competing interests"
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Aina Khan compares and contrasts Islamic family law with domestic family law ‘We receive daily enquiries from mostly UK-born Muslims who are under 40 and see no contradiction in being British and Muslim. They want both these legal needs met.’ This is a fascinating area of law and one that is seeing rapid development. This …
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Amy Harris considers the post- Radmacher approach to marital agreements ‘While a nuptial agreement is a relevant factor, the court will determine the award to be made by reference to the provisions of the MCA 1973.’ The Supreme Court in Granatino v Radmacher [2010] held that: … the court should give effect to a nuptial …
Continue reading "Marital Agreements: Autonomous issues"
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