Amy Harris considers the post- Radmacher approach to marital agreements ‘While a nuptial agreement is a relevant factor, the court will determine the award to be made by reference to the provisions of the MCA 1973.’ The Supreme Court in Granatino v Radmacher [2010] held that: … the court should give effect to a nuptial …
Continue reading "Marital Agreements: Autonomous issues"
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Frances Bailey considers the latest case on lottery winnings and the courts’ approach to non-matrimonial assets ‘Much, it is clear, hinges on whether lottery winnings can be deemed matrimonial or non-matrimonial property.’ In ‘Money Can’t Buy You Love’, FLJ100, October 2010, I lamented the very limited guidance on the treatment of lottery winnings by the …
Continue reading "Non-Matrimonial Assets: Sharing windfalls"
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Wills & Trusts Law Reports | January/February 2012 #116On H’s ancillary relief claim, Bodey J awarded him a sum of £5m pursuant to an open offer made by W. W had assets worth approximately £57m and H had assets of approximately £300,000, represented by the former matrimonial home which was transferred to him by W in the course of the divorce. The couple began cohabiting in Israel in 1986, and underwent a ceremony of marriage that was not valid under Israeli law. They married legally in England in 1991, where they have lived ever since. The length of the relationship was 21 years and there are children from the marriage. Substantially the who...
Suzanne Kingston and Amy Royce-Greensill summarise the current position on pre-nuptials and set out a comparison of the approach in other jurisdictions ‘When considering a pre-nuptial agreement, the court should take all of the circumstances of the case into account from the basis that each case will turn on its own facts.’ This is the …
Continue reading "International Focus: Binding issues"
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Kirstie Gibson studies the courts’ approach to pre-acquired wealth in a long marriage ‘Pre-marital property should be taken into account because it represents a contribution made by one party unmatched by an equivalent contribution from the other party.’ In Charman v Charman [2007] the court said that for nearly five years, since White v White …
Continue reading "Pre-Acquired Wealth: Counting contributions"
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Julian Bremner analyses the impact of the treatment of pre-marriage assets on the courts’ approach ‘The court in K v L [2011] was at pains to point out that the recognition that one partner had made a greater financial contribution to the marriage than the other is not discriminative and, although superficial differences should not …
Continue reading "Pre-Marriage Assets: Modest standards"
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Katharine Landells reviews Jones, the latest case to show the court’s attitude to inherited assets on divorce ‘The fact that wealth is inherited and not earned does not justify it being treated differently from wealth accrued during the marriage.’ Since the sea change in family law following White v White [2000], it has been a …
Continue reading "Divorce And Trusts: What happens to the family silver?"
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John Darnton discusses Robson, which has lessons for the management of family trusts ‘In Robson the estate had not been in the family ‘for generations’ but it was Mr Robson’s case that it had been his father’s intention to create a dynastic arrangement and not just a tax-efficient structure.’In October 2010 the Court of Appeal …
Continue reading "Divorce And Trusts: Carcass of the golden goose"
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Chris McIntosh reviews the courts’ approach where the marital assets are inherited as in the decision in Robson v Robson ‘Financial needs should be considered in conjunction with the s25 MCA 1973 factors, viewed through the prism of the available resources, which might not have remained at a consistent level throughout the relationship.’ The case …
Continue reading "Inherited Assets: Preserving for the future"
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