Non-court dispute resolution: Cutting the Gordian Knot

Claire Yorke suggests that a hybrid approach to resolving financial issues on divorce or dissolution may provide a solution even in more complex casesWhere the parties are not able to reach a solution through non-court dispute resolution alone (as would always be preferable), one may draw on the advantages of both court proceedings and non-court…

Variation: Reduced circumstances

Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant's disclosure is unclear and their financial woes are of their own makingWhile both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not least…

Scotland: Tips and traps

In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and WalesIn Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be an…

Marriage: A match made in heaven?

Sarah French looks at the Law Commission’s proposed changes to wedding ceremony requirementsThe Law Commission proposals aim to ensure that fewer weddings fall foul of the current laws, where at present a marriage may be invalid where performed according to religious rites that do not fulfil the current marriage law criteria. The Law Commission is…

Musings from Manchester: May you live in interesting times

Geoffrey Shindler looks ahead to 2021 and the possibility of a new wealth tax The problems of a wealth tax in 2021 are not fundamentally different from the issues that were faced and rejected in 1974. I will lay a pound to a penny that when you woke up on 1 January 2020 you did…

Wealth Tax Commission: A taxing question

Jo Summers and Ramandip Kaur examine whether it is time for a wealth tax The report highlights that wealth has been rising in the past 70 years, which has made the introduction of a wealth tax potentially more lucrative. A lot has been said recently about the state of the UK’s finances and how Rishi…

Trustees: Going the extra mile

A Cayman court judgment has affirmed the expectations levelled upon a responsible trustee. Lisa Vizia explains A devout Muslim, it was the settlor’s express wish that on his death his assets should be dealt with in accordance with Islamic (shari’a) inheritance laws. A trustee’s work is seldom straightforward and perhaps never truly ends. The professional…

Jersey trusts: To submit – or not?

Katherine Neal and Damian Evans investigate whether trustees can take comfort from a recent Jersey decision on involvement in foreign proceedings Only in exceptional circumstances would the Royal Court direct a trustee to take part in foreign proceedings where the assets of the trust could be recovered by a third party. In a world of…

Offshore: Roadtesting the law

Robert Lindley and Wesley O’Brien give the view from the Cayman Islands on how trustees should deal with extraterritorial questions about a trust The basis for seeking Beddoe relief was in accordance with the firewall provisions, whereby all questions arising in relation to a Cayman law trust are to be determined in accordance with Cayman…

Trusts: Keeping up with the times

The interests of illegitimate or adopted persons can be problematic when dealing with older settlements. Richard Dew explores an illuminating case An issue which all the beneficiaries and the trustees wished to be resolved in favour of the illegitimate child was resolved by means of a relatively straightforward appointment and application to court rather than…