Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 – Page 4 – Law Journals

Business Assets: Alternative methods

John Oxley considers the valuation of assets, where the formation of such assets predated the marriage, and the different approaches taken by the courts ‘Businesses often grow in spurts and splutters, rather than straight lines. A linear approach fails to consider the active and passive aspects of any such growth.’ In high-value matrimonial cases, the …

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Financial Provision: Short but sweet

Priya Palanivel and Shantel Burbridge examine the Court of Appeal’s decision in Sharp v Sharp, and the potential impact on the approach to short marriages ‘The facts of Sharp meant it was “one of the very small number of cases” where the circumstances justified a departure from the principle of equal sharing.’ The duration of …

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Non-Matrimonial Property: Moving forward?

In the first of a two-part analysis, Deborah Jeff questions whether the Privy Council decision in Scatliffe v Scatliffe has further developed the law on non-matrimonial assets ‘It isn’t clear whether the intention of the Privy Council was to introduce the principles of both needs and compensation when considering whether non-matrimonial property should be shared.’ …

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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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Special Contribution: Exceptional qualities

Lehna Hewitt reviews cases where a special contribution argument has been successful, and the outcome in Work v Gray ‘The Court of Appeal reiterated in Work v Gray that the correct approach is to determine whether a contribution is “wholly exceptional” and did not endorse the use of the word “genius”.’ It is possible to …

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Periodical Payments: For better, for worse

Caroline Holley examines dependence, independence and variation in the context of joint lives maintenance orders ‘It has become common practice for a financial remedy order to include a recital indicating the timeframe within which it is intended that a spouse will return to work, or a commitment by them to endeavour to maximise their earning …

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Financial Provision: Time gap

Claire Molyneux summarises the courts’ approach to delay in making a financial remedy application, and how the principles in Wyatt v Vince are being applied ‘In weighing the factors, consideration must be given to the effect on the financial affairs of the other party, prejudice to the other party and the explanation for the delay.’ …

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International Focus: Developing markets

Rita Ku and Philippa Hewitt outline family law in China, and cross-border issues with Hong Kong, in the context of the rapid growth in Chinese high-net-worth divorces ‘A common scenario sees a wife and children living in Shenzhen, Beijing or Shanghai while the husband and father lives and works in Hong Kong.’ The papers are …

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Non-Matrimonial Assets: Further distinction

Fiona Turner considers whether inherited wealth is more likely to result in a departure from equality than earned wealth ‘Assuming the parties’ needs are met, the courts may distinguish between different categories of non-matrimonial property.’ Parties on divorce usually have a strong claim to share in the matrimonial property that has been built up during …

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Variation: Challenging odds

Daniel Sanders considers the courts’ approach to variation applications and the limited circumstances in which such an application is likely to succeed ‘A clear and highly compelling change in circumstances must have arisen in order to justify variation of the terms of the original maintenance order, whether as to quantum or term.’ For many clients …

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