Mark Pawlowski considers a recent decision on the enforceability of pre-nuptial agreements ‘It was essential that both parties should have entered into the agreement of their own free will without undue influence, fraud or misrepresentation, and with a full appreciation of its implications.’ The recent Court of Appeal decision in Versteegh v Versteegh [2018] has …
Continue reading "Pre-nups and private client: Take note"
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James Ferguson, Katie Male and Mark Lindley discuss a recent case that demonstrates the growing role of pre-nuptial contracts in estate planning ‘As a general rule the provision for the spouse in the will should be at least as generous as in the pre-nuptial agreement (PNA), if not more so, to minimise exposure to a …
Continue reading "Estate planning: The importance of autonomy"
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Wills & Trusts Law Reports | Autumn 2018 #173Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.
A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid m...
Wills & Trusts Law Reports | Spring 2018 #171When the parties met in July 2000, they had both been previously married. In the husband’s case, a difficult divorce caused him to set his face against remarriage. He had three sons who spent significant periods of time with their father in a substantial property near Reading (Property G) which had a value of £3.35m. He (together with his brother) had a successful business in international travel and tourism, owning 51% of the shares in the company valued at £30m. The wife, who had no children, had two rented properties with a combined equity of £245,615. By the time she moved into Prope...
Teresa Cullen and Anna Wakeling explore proposals to reform financial provision on divorce, and the potential impact of such measures ‘Critics argue that the Bill appears in part to be a reaction to “big money“ cases, and an attempt to restrict disproportionate financial awards, however, these are a very small minority of cases and in …
Continue reading "Law reform: Ending the ‘meal ticket for life‘?"
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Wills & Trusts Law Reports | Autumn 2017 #169JKS and her late husband had two sons, ADS and DSM. She brought proceedings against the former in August 2012 seeking relief in respect of (a) a transfer by her late husband to ADS of his parents’ matrimonial home (at which she and her late husband continued to live) and (b) a transfer by her late husband to ADS and his wife of a piece of land adjoining other property. Serious allegations were made by JKS, including allegations of undue influence by ADS. On the death of JKS’s husband a significant sum of inheritance tax was due in respect of the reservation of benefit in the matrimonial ...
Ayesha Vardag and John Oxley analyse the latest judgment in Chai v Peng, and the court’s approach to the law in a connected jurisdiction ‘The UK has clearly avoided European laws that allow for the application of foreign law in English courts, but the approach of judges has not always been consistent.’ The decision in …
Continue reading "Financial Provision: Eyes front"
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Shahida Jogi and Rachel Lim outline how private client and family lawyers can work together ‘It is imperative that all matrimonial clients are advised to make or review their will at their initial appointment.’ Lawyers today must take a collaborative approach in conjunction with their peers and colleagues to provide rounded and holistic advice to …
Continue reading "In Practice: Combined forces"
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Izzy Walsh and Floriane Laruelle compare the contrat de mariage with prenuptial agreements ‘The French court has no discretion to strike down a contrat de mariage simply on the basis of it being unfair or unjust, and as a result, the formalities for it to be considered a binding contract are much stricter than in …
Continue reading "International Focus: Le même mais différent"
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Matthew Taylor looks at delay in financial proceedings and the more generous approach taken by the court in Briers v Briers ‘The judgment in Briers makes it clear that a delay in launching an application does not prevent the court making an award on a sharing basis.’It seems that, much like buses, you wait an …
Continue reading "Delay: Measuring time"
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