Catherine Doherty asks whether case law has effectively restricted stellar performance arguments to financial contributions only ‘In XW v XH Baker J acknowledged the need to exercise caution with respect to the domestic contribution of the wife, as homemaker, to the welfare of the family.’ Since Cowan v Cowan [2001] was decided by the Court …
Continue reading "Special contribution: A rare bird"
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Mark Pawlowski considers a recent decision on the enforceability of pre-nuptial agreements ‘It was essential that both parties should have entered into the agreement of their own free will without undue influence, fraud or misrepresentation, and with a full appreciation of its implications.’ The recent Court of Appeal decision in Versteegh v Versteegh [2018] has …
Continue reading "Pre-nups and private client: Take note"
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Wills & Trusts Law Reports | Autumn 2017 #169AAZ (W) applied for financial orders ancillary to her divorce from BBZ (H). H was the sole director of the second respondent C Ltd, a Cypriot registered company and the trustee of a Bermudian Discretionary Trust (the trust). P Ltd, the third respondent, is a Panamian company which H said was within the trust. P Ltd was said to hold the bulk of the wealth in the case. None of the respondents took any part in the trial. H was in breach of several court orders, including one compelling his personal attendance for the duration of the trial.
H and W had been married since 1993 when the...
Suzanne Kingston reviews recent developments in the courts’ approach to marital agreements ‘Where a pre-nuptial agreement has a clear purpose, and that purpose is understood by both parties (who have received advice and have an understanding what they are agreeing to give up), it is more likely to be upheld.’ If 2016 taught us anything …
Continue reading "International Focus: Well-prepared"
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