B v B [2010] EWHC 193 (Fam)

Financial orders: Working capital

Lottie Tyler analyses when a spouse should expect an award on divorce to generate an income to meet their needs ‘If a judge is of the view that a party is likely to have capital in excess of their capital needs, then they must determine what level of income should be attributable to that capital.’ …

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Bonuses: Part of the pot?

Katharine Landells examines the courts’ approach to bonus income and the significance of both timing and needs ‘The Court of Appeal was clear that there is no hard and fast rule that all assets accumulated during a marriage will necessarily be shared equally on divorce.’ In determining a fair outcome for financial division on divorce, …

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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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Financial Provision: Fair shares

In the conclusion to a two-part analysis Huw Miles looks at the courts’ approach to compensation ‘The court must take care not to create a set of rigid stepping stones or apply a formulaic approach that is not set out in the statute.’ Part one: ‘Love, honour and compensate’ In this article we will consider …

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