Wachtel v Wachtel [1973] EWCA Civ 10

Financial remedies: A misspent youth?

Barbara Reeves reflects White v White, 21 years after this seminal judgment, and the development of the law since Financial outcomes for women on divorce tend to be worse than for men across the board and compensation might have been an ideal way to seek to remedy this position, but unfortunately, so far, it appears …

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Conduct: In the extreme

Sophie Groves and Valeria Gampl consider the impact of non-financial conduct in financial proceedings Despite the statutory provision naming conduct as one of the factors the court takes into account, the reality of arguing non-financial conduct successfully remains reserved to cases of truly exceptional circumstances. Family law practitioners are often faced with difficulties in managing …

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Conduct: The blame game

Natasha Kurth suggests that arguments as to conduct should be rare in financial proceedings, and approached with caution ‘In R v B each party accepted that the conduct allegations raised could amount to conduct that it would be inequitable to disregard, but denied that the factual position justified such a finding in this case.’ The …

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Marital Agreements: A state of uncertainty

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Deborah Levy analyses the approach to a marital agreement where needs and conduct were in issue ‘If a prenuptial agreement deals with these matters in a way that a court might adopt then there should be no difficulty with giving effect to the agreement.’ The latest figures from the Office for National Statistics showed that …

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