SK v WL [2010] EWHC 3768 (Fam)

Marital agreements: Proceed with caution

Joe Ailion highlights a case in which, inter alia, a lack of legal advice in relation to a pre-marital agreement did not protect a dissenting party ‘It would be impractical, and prohibitively expensive, for parties to obtain advice in any of the multiple possible matrimonial regimes in which a “globe-trotting” couple may divorce.’ In a …

Continue reading "Marital agreements: Proceed with caution"

This post is only available to members.

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 …

Continue reading "Business Assets: Alternative methods"

This post is only available to members.

Financial Provision: Continuum or new venture?

Joanne Hall summarises the courts’ approach to post-separation growth in assets and the diverging views of the judiciary ‘The judgment in JB v MB reinforces that the law on post-separation accrual is highly fact specific and discretionary but must also be consistent and predictable.’ If the title of this article sounds like a Star Trek …

Continue reading "Financial Provision: Continuum or new venture?"

This post is only available to members.