December 2011/January 2012 #112 – Law Journals

Insolvency: Hostage to fortune

Graeme Fraser examines the complexities of running a claim for financial remedies on divorce where there is a risk of personal and corporate insolvency ‘This article examines the effect of bankruptcy law on financial remedies on divorce, using a case study to demonstrate how this impacts in practice. The case study relates to the insolvency …

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Tax: Taxing issues

Dawn Register and Fiona Fernie outline tax investigation issues relevant to family cases ‘HMRC is now wielding the stick more publicly in the shape of much higher penalties, the “naming and shaming” of tax evaders, and the closer monitoring of known tax evaders.’Often in the midst of a divorce case it can come to light …

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Financial Provision: Love, honour and compensate

In the first of a two-part analysis Huw Miles looks at the courts’ approach to compensation If the other party, who has been the beneficiary of the choices made during the marriage, is a high earner with a substantial surplus over what is required to meet both parties needs, then a premium above needs can …

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Disclosure: Playing it straight

Caitlin Jenkins asks the question ‘does non-disclosure pay?’ ‘This case highlights the tension between the clear and accepted need to ensure litigants in person are dealt with fairly by the family courts and the frustration, the delay and additional court time that such litigants in person often cause.’ The case of Hutchings-Whelan v Hutchings [2011] …

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International Focus: Life and death

Annmarie Gosling and Alvaro Iraizoz Reclusa consider international aspects of pre-marriage financial planning ‘The family courts in England and Wales have a notoriously broad remit in terms of the factors they can take into account when exercising the discretion to make financial orders.’ Pre-nuptial agreements are a topic on which one might think there is …

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Inheritance: Dual responsibilities

Catherine Paget sets out the courts’ approach to competing claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘Where a sum of money belonging to one person is paid into a joint bank account there is a presumption that the owner of the money does not intend to make a gift of it …

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Schedule 1: False starts

Vicki McLynn summarises the protracted history in G v A and considers lessons to be learnt The history of G v A [2011] does not make comfortable reading for a family lawyer. It demonstrates a complete failure of the system to achieve the objective for which it was designed, which is of course to provide …

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