Fri07282017

Last updateTue, 24 Feb 2015 5pm

Harrogate Family Law

Harrogate Family Law

Emma Doughty explores the practical challenges when dealing with the ongoing duty to provide full and frank disclosure in financial proceedings

The decision in Goddard-Watts v Goddard-Watts [2016] illustrates the courts’ approach to a rehearing where a previous final order was set aside for material non-disclosure. This article will consider the lessons that can be learned from Goddard-Watts, and suggest ways in which practitioners can seek to prevent applications to set aside a financial order.

Ellie Foster examines the impact of changed circumstances on applications for variation of periodical payments

There is life after divorce and any ongoing financial relationship between parties must be subject to review. As well as the statutory terminating events, periodical payments are always capable of variation. This allows the court to vary or terminate payments to respond to changes in the parties’ personal circumstances. The flip side to this is that there is always inherent uncertainty for the parties as the payments are reliant on future needs and obligations.

Ellie Foster sets out the implications of any gaps in a marital agreement and the importance of needs in big money

The decision of Moor J in AH v PH [2013] continues the line of authorities on marriage settlements following the seminal case of Radmacher v Granatino [2010]. However, not only does the case contain an interesting analysis of the weight to be given to a foreign marriage settlement and of the wife’s needs but it also considers the rarely seen ‘millionaire’s defence’.

Ellie Foster and Pippa Hayden highlight the impact of third-party resources on maintenance pending suit

The recent published decision of S v M [2012], comprising a short extempore judgment delivered by Coleridge J on 15 November 2012, is both timely and topical, dealing with issues of beneficial ownership and financial support from wider family members. The case concerns an application for maintenance pending suit, an issue which itself seems to have been off the radar in recent years.

Andrew Meehan outlines the courts’ approach when matrimonial assets include personal injury damages

The case of Mansfield v Mansfield [2011] revolved around how a substantial damages award, received by the husband following a personal injury claim, should be treated on his subsequent divorce. This article will conduct a brief review of the leading authority on the treatment of damages in divorce cases before going on to review the Court of Appeal’s decision in Mansfield.

Andrew Meehan considers the court’s approach to applications under Schedule 1 to the Children Act 1989

The case of DE v AB [2010] illustrates the lengths to which the courts will go, under Schedule 1 to the Children Act 1989 (ChA 1989), to financially protect children born to unmarried parents.

Andrew Meehan considers the courts’ approach to privacy in ancillary relief proceedings

The Court of Appeal recently considered, in Lykiardopulo v Lykiardopulo [2010], whether a judgment should be published when one of the parties to the litigation had conspired to present a perjured case.