Quan v Bray & ors [2018] EWHC 3558 (Fam)

Financial provision: If not now, then when?

Richard Adams looks at the adjournment of capital claims in financial proceedings and the need for practitioners to be alert to potentially fabricated disclosure The justification of a departure from normal practice does not necessarily need to include a real possibility of capital from a specific source becoming available in the near future, as fairness …

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Maintenance: A fair adjustment?

Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …

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Spousal maintenance: A system of Russian roulette?

Sital Fontenelle and Elizabeth Burch consider the different approaches to spousal maintenance and whether a formula for maintenance would provide clarity ‘Duxbury is clearly still the starting point – and currently the favoured approach by judges, however there is increasing interest in exploring alternative methods.’ How much and for how long is a standard question …

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Financial provision: Looking beyond the evidence

Antonia Barker analyses the outcome in long-running financial remedy proceedings, where the court drew adverse inferences from non-disclosure and was unable to achieve finality ‘In addition to their use of trust-owned properties, both husbands in Quan and Joy had access to what Mostyn J described as ‘‘financial assistance kindly given”.’ In Quan v Bray [2018] …

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