The 1975 Act: Applying the principles

Amy Berry provides practical points on seeking to extend time under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 It is of fundamental import to remember that the divorce fiction, to which the pre-acquired/non-matrimonial asset issue relates, is only one aspect of the s3 criteria that the court must weigh when considering …
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Financial provision: Planning for uncertainty

Holly Cook looks at the impact of a life-limiting health condition when assessing financial claims on divorce In ND v GD, it was a matter for the wife and her litigation friend/power of attorney to decide how the funds were to be apportioned between housing and income needs, ie she may choose to spend less …
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Non-matrimonial assets: To mingle or not to mingle?

Rebecca Viola summarises the approach taken to trust assets introduced into a marriage and the factors that will be taken into account by the court as to the nature of such assets Property or assets owned by a party which derive from a source outside the marriage will not per se be excluded from the …
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