Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant.’ There seems to have been a sea-change in recent years with …
Continue reading "Periodical Payments: Short-term solution"
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Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …
Continue reading "Financial Provision: Fair shares?"
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In the first of a two-part analysis Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea set out a comparison of family law in England and Wales, Hong Kong and Singapore ‘As family law in England and Wales has evolved to fit the times, so the laws in Hong Kong and Singapore have changed in …
Continue reading "International Focus: Same difference?"
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Wills & Trusts Law Reports | January/February 2015 #146This was an application for ancillary relief following the wife’s divorce petition of October 2012, upon which decree nisi was pronounced on 17 April 2013. At the time of these proceedings the wife was 44 years of age, and the husband was 41. On paper, the husband had almost no assets and a modest income. However, the husband came from a family of great wealth with substantial lands in Pembrokeshire which they had owned for generations. His financial security was therefore absolutely assured.
The wife and the husband had first met in 1999. They had married in February 200...
Richard Adams examines the factors that may justify an unequal division of assets ‘A special contribution should only be taken into account if there was such a disparity in the parties’ respective contributions to the welfare of the family that it would be inequitable to disregard.’ Practitioners will be familiar with the strong feelings that …
Continue reading "Financial Provision: Sharing the wealth"
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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 …
Continue reading "Lump Sum Orders: Dual purpose"
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Graeme Fraser and Stephen Morrall consider the benefits of combining corporate and family law strategic advice when dealing with business assets on divorce ‘It is clear that, where a family has shared interests in a family company, the members should strive to find a common agreement to regulate those interests in as practical and tax-efficient …
Continue reading "Business Assets: Future proofing"
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Amy Harris sets out the courts’ approach to cases in which assets derive from a personal injury award ‘The overarching principle of sharing has to be tempered to take into account the particular needs of the recipient of the personal injury award, the manner in which it was acquired and also the fact that it …
Continue reading "Personal Injury Awards: Determining priorities"
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Alison Green draws practical points for practitioners on variation of periodical payments from the decision in H v H div class=”pullquote”>’It is desirable to bring the parties’ financial dependency to an end – a clean break is important financially and psychologically, not only to prevent further litigation between the parties but also to exercise the …
Continue reading "Periodical Payments: Finding closure"
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Suzanne Todd and Luca Del Panta examine the future of pre-nups in the light of the Law Commission’s report ‘“Needs” in the context of a pre-nuptial agreement can be significantly less than they would otherwise be. But where the guillotine falls in any given case is intensely fact-specific.’ When, in October 2010, the Supreme Court …
Continue reading "Pre-Nuptial Agreements: Turning of the tide"
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