May 2019 #186 – Law Journals

Financial provision: Sharing the risk

Jemma Pollock reviews the treatment of ‘copper-bottomed’ assets when compared to assets with a higher risk and less certain value in a case involving a private company ‘The impact of the uncertainty will of course be felt more in cases where resources outside of a family business are lower and where achieving a balance is …

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Pre-nuptial agreements: Agreeing to disagree

Vikkie Chetcuti examines case law developments on pre-nuptial agreements, in particular as to legal advice, jurisdiction clauses, needs and sharing, in the post-Radmacher era ‘In Brack the Court of Appeal grappled with the issue of whether the mere existence of a valid pre-nuptial agreement meant the court was constrained as a matter of course from …

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Ancillary relief: All in the family

In the first of a two-part analysis, Bronwyn Bailey and Ethan Axelrod discuss the circumstances in which wider family wealth may impact on claims between spouses ‘The wife’s father maintained that he would not provide for the wife, nor prompt a trusts distribution, even if an order was made against the wife in the proceedings.’ …

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Marital agreements: Loud and clear?

Judith Klyne highlights the significance of legal advice on the terms of a marital agreement, and whether the lack of such advice will be fatal to its validity ‘Legal advice will be a useful indication to the court that the parties have had the terms of their agreement explained to them, but the absence of …

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Domestic abuse legislation: Fit for purpose?

Claire Molyneux and Louise Spalding investigate the draft Domestic Abuse Bill, and ask if its well-intentioned aims can be achieved ‘Domestic abuse is defined in the draft Domestic Abuse Bill as abusive behaviour by a perpetrator towards a victim where the two people are each aged 16 or over and are personally connected.’ In January …

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Strike out: Unfinished business

Alice Rogers looks at the courts’ approach to an application to strike out and the circumstances in which a financial consent order may not conclude the parties’ financial claims ‘The consent order in AR v JR was made with almost no financial disclosure from the husband, and the wife’s solicitors, and indeed the district judge, …

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Arbitration: Achieving finality

Beth Mason considers the court’s approach to a challenge to an arbitral award, and the limited circumstances in which such an award will be set aside ‘An arbitral award is effective and binding as between the parties without further court order and an order of the court is not a precondition to the binding effect …

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