Marital agreements: Proceed with caution

JMW | Family Law Journal | September 2018 #179
Joe Ailion highlights a case in which, inter alia, a lack of legal advice in relation to a pre-marital agreement did not protect a dissenting party ‘It would be impractical, and prohibitively expensive, for parties to obtain advice in any of the multiple possible matrimonial regimes in which a “globe-trotting” couple may divorce.’ In a …

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Business Assets: Alternative methods

Vardags | Family Law Journal | September 2017 #169
John Oxley considers the valuation of assets, where the formation of such assets predated the marriage, and the different approaches taken by the courts ‘Businesses often grow in spurts and splutters, rather than straight lines. A linear approach fails to consider the active and passive aspects of any such growth.’ In high-value matrimonial cases, the …

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Financial Provision: Continuum or new venture?

Silk Family Law | Family Law Journal | November 2015 #151
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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