AR v AR (ancillary relief: inheritance) [2011] EWHC 2717 (Fam) – Law Journals

Financial provision: Sharing the burden

Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income ‘The court will always need to look at all the relevant circumstances of each case when deciding whether and how a party should fairly be using their free capital to …

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Non-Matrimonial Assets: Further distinction

Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth ‘Assuming the parties’ needs are met, the courts may distinguish between different categories of non-matrimonial property.’ Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during …

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Non-Matrimonial Assets: A question of inclusion

Jane Booth analyses the factors the courts will take into account when considering non-matrimonial assets ‘When considering the division of assets, where the assets are neither matrimonial assets nor jointly generated by the parties, the duration of the marriage might be a significant factor in the determination of the distribution.’ The decision in G v …

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Inherited Assets: Defining assets

Sonny Patel sets out the courts’ approach to inherited assets and steps that can be taken to protect the interests of parties ‘The duration of the marriage, and the duration of the time the wealth had been enjoyed by the parties, will be relevant, so too their standard of living and the extent to which …

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Financial Provision: Building fences

Tracey Dargan and Nathaniel Groarke summarise the courts’ approach to pre-acquired and inherited assets In N v F, Mostyn J stated that he would have excluded more of the husband’s pre-marital assets were it not for the fact that such assets were required to meet the wife’s needs. A number of recent reported cases have …

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Non-Matrimonial Assets: Sharing windfalls

Frances Bailey considers the latest case on lottery winnings and the courts’ approach to non-matrimonial assets ‘Much, it is clear, hinges on whether lottery winnings can be deemed matrimonial or non-matrimonial property.’ In ‘Money Can’t Buy You Love’, FLJ100, October 2010, I lamented the very limited guidance on the treatment of lottery winnings by the …

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