Financial provision: Proceed with haste

Tania Derrett-Smith looks at the impact of delay on financial remedy applications ‘The Supreme Court decision in Wyatt highlights that delay in bringing an application for a financial remedy will be a major factor for the court’s consideration, and is quite likely to have an impact on the final outcome.’ Surprisingly, there are relatively few …
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Delay: Measuring time

Matthew Taylor looks at delay in financial proceedings and the more generous approach taken by the court in Briers v Briers ‘The judgment in Briers makes it clear that a delay in launching an application does not prevent the court making an award on a sharing basis.’It seems that, much like buses, you wait an …
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Financial Provision: Time gap

Claire Molyneux summarises the courts’ approach to delay in making a financial remedy application, and how the principles in Wyatt v Vince are being applied ‘In weighing the factors, consideration must be given to the effect on the financial affairs of the other party, prejudice to the other party and the explanation for the delay.’ …
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Financial Provision: An open door

Vanessa McMurtrie examines the lessons to be learnt from the outcome in the long-running case of Wyatt v Vince ‘Good practice means we should always be looking for, and encouraging our clients to consider, the possibility of compromise.’ If ever there was a good example of why divorcees of modest means should agree a clean-break …
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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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Financial Provision: Limited consequences?

Frances Bailey and Adrian Clossick look at the potential impact of the Supreme Court decision in Wyatt v Vince ‘Successful applications [for financial provision] after a lengthy period of separation are likely to be rare and in the authors’ view limited to cases where (per Rossi) “there has been a very good reason for the …
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Bonus Payments: Setting limits

Helen Marriott highlights the challenges of dealing with bonus payments when assessing periodical payments ‘The periodical payments award may be partitioned, with needs being met from the base salary, and additional discretionary items being met from the bonus on a capped percentage basis.’Bankers’ bonuses frequently dominate the headlines and occupy the political platform. Bonuses may …
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Financial Provision: Time is money

Rebecca Huxford considers the arguments for and against the introduction of a limitation period in financial proceedings ‘There are cases where the applicant may have very good reasons for not bringing the claim earlier, even if the delay is one of many years.’ Unlike most areas of law, limitation periods are unfamiliar territory to family …
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