Y v Y [2012] EWHC 2063 (Fam) – Law Journals

Standard Of Living: Lifestyle factors

Hazel Wright and Phoebe Sutton suggest that despite the provisions of section 25 the standard of living of the parties is becoming less relevant ‘It is hard to see future courts awarding periodical payments based on the standard of living in the great majority of marriages.’ When family lawyers of a certain generation die, they …

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Financial Advice: Complete picture

Graeme Fraser and Mark Penston highlight the importance of financial advice when structuring and valuing an award in a financial remedies claim on divorce ‘An initial discussion with an IFA who is conversant with the issues on divorce can be helpful in giving direction early on in the process.’Obtaining independent financial advice is increasingly important …

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Non-Matrimonial Assets: A question of inclusion

Jane Booth analyses the factors the courts will take into account when considering non-matrimonial assets ‘When considering the division of assets, where the assets are neither matrimonial assets nor jointly generated by the parties, the duration of the marriage might be a significant factor in the determination of the distribution.’ The decision in G v …

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Inherited Assets: Defining assets

Sonny Patel sets out the courts’ approach to inherited assets and steps that can be taken to protect the interests of parties ‘The duration of the marriage, and the duration of the time the wealth had been enjoyed by the parties, will be relevant, so too their standard of living and the extent to which …

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Inherited Assets: Balancing point

Eleanor Aguirre considers how needs will impact on inherited assets The former matrimonial home, even if brought into the marriage by one party, usually has a central place and should normally be treated as matrimonial property. The recent High Court judgment in Y v Y [2012] provides a useful reminder of the approach the courts …

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