Martin v Martin [2018] EWCA Civ 2866

Wills & Trusts Law Reports | Spring 2019 #174

A company was incorporated by the husband and a friend in 1978 as equal shareholders. The husband and wife started living together in 1986, and married in 1989. At this point, the husband acquired 99% of the shares and the wife 1%. They separated in 2015.

On a wife’s application for a financial remedy order, the judge found that the capital assets were £182m in properties and pension funds, and 100% of the shares in a private company, which he valued at £221m before tax and costs of sale. He found that 80% of the company’s value was marital property, by applying a straight-line ap...

Divorce: Not so fast

Michael Gouriet and Natalie O’Shea examine the government’s proposals regarding no-fault divorce and question whether sufficient consideration has been given to the wider implications of reform ‘It is fundamentally important to ensure that the changes do not unwittingly herald in a new era in which divorces are obtained quickly, but with more damage caused to …
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Divorce: A matter of trust

Oliver Auld gives the lowdown on what happens to trusts in the event of a divorce ‘Trustees need to be aware of not only the range of orders the family courts can make in relation to trust assets, but also the strategies they should potentially be adopting in the best interest of their beneficiaries, both …
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Divorce: No way out

John Oxley examines the wider implications of the Supreme Court decision in Owens v Owens ‘The Supreme Court considered, but ultimately, rejected, that the court at first instance had wrongly thought that there needed to be a causal link between the behaviour and the breakdown, finding that it is clear that s1, MCA 1973 does …
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Kennon & ors v Spry & ors [2008] HCA 56

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Radmacher v Granatino [2009] EWCA Civ 649

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Recognition of overseas divorce: Not common knowledge

Lottie Tyler looks at the law on the recognition of an overseas divorce and the court‘s interpretation in a case involving issues as to sharia law and notice of proceedings ‘To be recognised, a divorce obtained through legal proceedings has to be effective under the law of the country in which it was obtained.‘ In …
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J v U; U v J (No. 2) Domicile [2017] EWHC 449 (Fam)

Wills & Trusts Law Reports | Summer 2017 #168

The question before the court was, in the context of divorce proceedings between the petitioner and the respondent, whether either party to the marriage were domiciled in England and Wales. The respondent’s position was that neither were so domiciled, such that the divorce petition of the petitioner should be struck out for want of jurisdiction.

At the time of the proceedings the respondent was 72 years old. He was born in Mumbai, India. He moved to London with his family when he was 13 or 14. He studied in England, married and purchased a property in London, and pursued a ...

Divorce: Finding fault

Emma Morris and Lara Myers look at the factors that may prevent pronouncement of a decree, and the increasing calls for the introduction of no-fault divorce ‘It seems that the court’s inquiry is extremely limited where an acknowledgement of service indicates that the petition is undefended, and that a requirement for further evidence or a …
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