Evans v Evans [2013] EWHC 506 (Fam)

Financial Provision: Extra special

Claire Reid looks at what is required for the court to conclude that a party has made a stellar contribution ‘The difficulty in comparing different contributions risks discrimination against homemakers. This unfortunate application of the law generates a distasteful distinction in the 21st century.’ In Cooper-Hohn v Hohn [2014] one of the principal issues considered …

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Litigation Conduct: Drawing inferences

Frances Bailey considers the courts’ approach where a party’s conduct during proceedings is in issue ‘An analysis of any add-back argument must also include an analysis of what both parties have spent and that the argument must be analysed in context.’ As ever, the law reports are seemingly full of cases where one party’s approach …

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Substantial Assets: Setting ground rules

Max Lewis looks at the lessons to be learnt from Evans v Evans on managing expectations, contributions and add-back argument The court retains jurisdiction to decide the true nature of an order and must assess what the parties agreed against the ‘objective factual matrix of what occurred during the relevant period’. Moylan J’s judgment in …

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