CR v CR [2007] EWHC 3206 (Fam) – Law Journals

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.’ …

Continue reading "Financial orders: Working capital"

This post is only available to members.

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 …

Continue reading "Financial provision: Sharing the burden"

This post is only available to members.

Civil Partnership: Same difference

Peter Burgess and Kay Drage discuss the implications of the Court of Appeal decision in Lawrence v Gallagher ‘Thorpe LJ confirmed that the language in Schedule 4 of the CPA 2004 (which is identical to the language of s25 of the Matrimonial Causes Act 1973 (MCA 1973)) has the same effect in law, and that …

Continue reading "Civil Partnership: Same difference"

This post is only available to members.

Periodical Payments: Defining need

Claire Reid considers the varying approach of the courts in assessing periodical payments ‘Charles J stated that the core principle was an application of needs, assessed by reference to the standard of living the parties had enjoyed during the marriage.’ While s3 of the Matrimonial Causes Act 1973 (MCA 1973) grants the power to order …

Continue reading "Periodical Payments: Defining need"

This post is only available to members.

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 …

Continue reading "Financial Provision: Fair shares"

This post is only available to members.