Hamilton v Hamilton [2013] EWCA Civ 13 – Law Journals

Liabilities: Minding your P v Q

David Wilkinson sets out the key principles to be applied in cases involving obligations owed by the parties and what may categorise a debt as hard or soft A hard obligation should appear on the judges’ computation table but where an obligation is in the category of a ‘soft’ obligation or loan, the judge may …

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Variation: Reduced circumstances

Kathryn Cassells considers how the courts may approach an application to vary a lump sum order where the applicant’s disclosure is unclear and their financial woes are of their own making While both quantum and the timing of payments is variable, case law suggests that the court will only vary quantum in exceptional circumstances, not …

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Financial provision: A long shot

Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder There have been pandemics historically but does the immediate and ongoing impact on the global economy of Covid-19 put the 2008 crisis in the shade such that its scale could never have been foreseen? …

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Variation: To vary or not to vary

Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts Unless there has been a significant change of circumstance since the order was made, grounds for variation under s31, MCA 1973 seem hard to conceive. The full financial impact of the global pandemic is …

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Lump Sum Orders: Dual purpose

In the first of a two-part back-to-basics guide Jane Booth explores the types of lump sum order that may be made, together with drafting tips and practice points ‘The distinction between multiple lump sum payments and a single sum payable by instalments is relevant if the need for variation arises.’ On divorce, dissolution, nullity or …

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Family Businesses: The golden goose

Rebecca Stone reviews the case law relating to family businesses and the differing approaches taken by the courts to such assets ‘In F v F (clean break: balance of fairness) [2003] the judge accepted that where some of the assets are illiquid it may not be possible to achieve either the aim of equality or …

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Enforcement: Seeking remedies

Rachel Donald asks whether the enforcement provisions of r33 of the Family Procedure Rules 2010 can be undermined by a variation application ‘For an unpaid party, the costs associated with defending a variation application can altogether outweigh the value of the claim they seek to enforce.’ The introduction of the general enforcement application in family …

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Lump Sum Orders: Providing clarity

Alex Davies considers the significance of the difference between a series of lump sums and a lump sum payable by instalments If inter partes correspondence is not available to a court reviewing the negotiations as to the type of lump-sum order intended (as was the case in Hamilton), the judge will have to review the …

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