White v White [2000] UKHL 54 – Page 4 – Law Journals

Non-Matrimonial Property: Moving forward?

In the first of a two-part analysis, Deborah Jeff questions whether the Privy Council decision in Scatliffe v Scatliffe has further developed the law on non-matrimonial assets ‘It isn’t clear whether the intention of the Privy Council was to introduce the principles of both needs and compensation when considering whether non-matrimonial property should be shared.’ …

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Special Contribution: Exceptional qualities

Lehna Hewitt reviews cases where a special contribution argument has been successful, and the outcome in Work v Gray ‘The Court of Appeal reiterated in Work v Gray that the correct approach is to determine whether a contribution is “wholly exceptional” and did not endorse the use of the word “genius”.’ It is possible to …

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Short Marriage: The lottery of needs

Moji Sobowale looks at the approach to short marriage cases, in particular as to needs in the context of standard of living ‘The fact that a marriage has been short will unavoidably affect the quantum of the financial fruits that the partnership has been able to produce.’ Although marriage is a contract, it is not …

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International Focus: Developing markets

Rita Ku and Philippa Hewitt outline family law in China, and cross-border issues with Hong Kong, in the context of the rapid growth in Chinese high-net-worth divorces ‘A common scenario sees a wife and children living in Shenzhen, Beijing or Shanghai while the husband and father lives and works in Hong Kong.’ The papers are …

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Non-Matrimonial Assets: Further distinction

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 …

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Asset Protection: Unauthorised access

Peter Steen and Bethan Byrne consider firewall legislation and analyse the continued conflict with the English Family Division ‘This article explores what chinks there are in the armour of offshore jurisdictions and considers how efforts are increasingly being made to sidestep the firewall rules.’ The current buzzwords of the offshore worlds are ‘transparency’ and ‘accountability’. …

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Jurisdiction: Competing interests

Brett Frankle examines the courts’ approach to concurrent proceedings and the factors that will be taken into account ‘The court will look to see, among other things, how closely connected to this jurisdiction the family in question is, where the assets are, and what the alternative would be if the court declined to deal with …

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Inheritance Act 1975: Importance of judicial discretion

Simrun Garcha discusses the lessons from Goenka v Goenka [2014] ‘If a court is satisfied that the disposition of the deceased’s estate failed to make reasonable financial provision for the applicant, it has the power to issue orders under s2 IPDFA 1975.’The High Court recently considered the constantly evolving area of law associated with inheritance …

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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 …

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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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