Nicola Wilburn-Shaw looks at the role of the forensic accountant in financial remedy proceedings, including potential issues that may be explored and possible solutions Practitioners should be alive to the relevance of Covid-19 and experts will most certainly, and indeed should, now incorporate a valuation in relation to both the pre and post Covid-19 trading …
Continue reading "Forensic experts: In-depth analysis"
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Rupi Rai reviews the courts’ treatment of debts in financial proceedings, particularly in cases involving family loans ‘The courts consider the steps taken by all parties when money is loaned very carefully, together with the behaviour of parties after the money is loaned, and when and why the loan is recalled.’ The family courts are …
Continue reading "Liabilities: A question of obligation"
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Elizabeth Simos looks at issues of conduct and non-disclosure, and the impact where adverse inferences are drawn in needs cases ‘Arguments as to add-backs essentially come down to issues of conduct, namely conduct that it would, in the opinion of the court, be inequitable to disregard.’ Much to the dismay of ‘wronged’ spouses in England …
Continue reading "Conduct: Balancing the scales"
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Simon Fisher looks at arguments in favour of an add-back in a case also concerned with fabricated liabilities ‘When making a decision on an add-back, the court must identify a wanton dissipation.’ In R v K [2018] Baker J looked at the issue of add-backs and alleged fabricated liabilities in a financial remedy case. The …
Continue reading "Conduct: Reclaiming assets"
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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 …
Continue reading "Non-Matrimonial Assets: Further distinction"
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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 …
Continue reading "Litigation Conduct: Drawing inferences"
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Wills & Trusts Law Reports | July/August 2012 #121H and W married in December 1993 when W was 32 and H was 62. They have three children aged between 17 and 12. H’s first wife died and he had four children, (the elder children) from that marriage – all now adults aged over 35. His second marriage ended in divorce, but he had no continuing financial ties to his second wife. W had not been married before. Her limited assets, £152,000, the net sale proceeds of her flat, had been invested in an investment portfolio supplemented by contributions from H (including a transfer of shares worth £2.477m). H was the chairman of a com...
