Hazel Wright and Phoebe Sutton suggest that despite the provisions of section 25 the standard of living of the parties is becoming less relevant ‘It is hard to see future courts awarding periodical payments based on the standard of living in the great majority of marriages.’ When family lawyers of a certain generation die, they …
Continue reading "Standard Of Living: Lifestyle factors"
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Claire Reid looks at what is required for the court to conclude that a party has made a stellar contribution ‘The difficulty in comparing different contributions risks discrimination against homemakers. This unfortunate application of the law generates a distasteful distinction in the 21st century.’ In Cooper-Hohn v Hohn [2014] one of the principal issues considered …
Continue reading "Financial Provision: Extra special"
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Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea conclude their comparison of family law in England and Wales, Hong Kong and Singapore ‘In comparison with Hong Kong, the legislature in Singapore is much clearer as to the power of the court in relation to custody.’ The first part of this comparative article considered the …
Continue reading "International Focus: Common ground"
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Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …
Continue reading "Financial Provision: Fair shares?"
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In the first of a two-part analysis Suzanne Kingston, Stacy Choong, Philippa Hewitt and Natalie O’Shea set out a comparison of family law in England and Wales, Hong Kong and Singapore ‘As family law in England and Wales has evolved to fit the times, so the laws in Hong Kong and Singapore have changed in …
Continue reading "International Focus: Same difference?"
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Wills & Trusts Law Reports | January/February 2015 #146This was an application for ancillary relief following the wife’s divorce petition of October 2012, upon which decree nisi was pronounced on 17 April 2013. At the time of these proceedings the wife was 44 years of age, and the husband was 41. On paper, the husband had almost no assets and a modest income. However, the husband came from a family of great wealth with substantial lands in Pembrokeshire which they had owned for generations. His financial security was therefore absolutely assured.
The wife and the husband had first met in 1999. They had married in February 200...
Richard Adams examines the factors that may justify an unequal division of assets ‘A special contribution should only be taken into account if there was such a disparity in the parties’ respective contributions to the welfare of the family that it would be inequitable to disregard.’ Practitioners will be familiar with the strong feelings that …
Continue reading "Financial Provision: Sharing the wealth"
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In the first of a two-part back-to-basics guide Jane Booth explores the types of lump sum order that may be made, together with drafting tips and practice points ‘The distinction between multiple lump sum payments and a single sum payable by instalments is relevant if the need for variation arises.’ On divorce, dissolution, nullity or …
Continue reading "Lump Sum Orders: Dual purpose"
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Amy Harris sets out the courts’ approach to cases in which assets derive from a personal injury award ‘The overarching principle of sharing has to be tempered to take into account the particular needs of the recipient of the personal injury award, the manner in which it was acquired and also the fact that it …
Continue reading "Personal Injury Awards: Determining priorities"
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Philippa Hewitt explores the impact of Radmacher on the approach to marital agreements in Hong Kong ‘In Hong Kong, the wording of the relevant matrimonial legislation is very similar to that of England and Wales and, for that reason, the courts tend to look to English case law to assist in interpreting that law.’ Prior …
Continue reading "International Focus: Overseas influence"
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