BD v FD [2016] EWHC 594 (Fam) – Law Journals

Maintenance: A fair adjustment?

Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …

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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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Non-matrimonial property: Diverging views

Moji Sobowale examines non-matrimonial assets and the differing approaches to such assets that have developed in case law ‘The court has a wide discretion as to how to arrive at a fair apportionment of the capital assets and can simply apply a broad assessment of the division that would affect “overall fairness“.‘ The Court of …

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Short Marriage: The lottery of needs

Moji Sobowale looks at the approach to short marriage cases, in particular as to needs in the context of standard of living ‘The fact that a marriage has been short will unavoidably affect the quantum of the financial fruits that the partnership has been able to produce.’ Although marriage is a contract, it is not …

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Divorce: Silver splitters

Fiona O’Sullivan examines the increase in divorce rates for older couples and the financial considerations that may apply in such cases ‘With the freedom to “cash in” defined contribution schemes, each spouse may have access to capital that in some cases is sufficient to fund the purchase of alternative accommodation, or at least provide a …

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