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Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted In Goodyear, it was necessary to understand the rationale for the pension share agreed, particularly given the flexible nature of pensions and the fact that in many cases they are treated …
Continue reading "Set aside: Right outcome, wrong route?"
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Mark Pawlowski looks at the duties of a solicitor advising a spouse who may be at risk of being influenced into charging their interest in the family home as security for their spouse’s indebtedness The solicitor’s task in providing independent advice should not be viewed as purely a formality or a charade. They should obtain …
Continue reading "Undue influence: On the side of caution"
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David Wilkinson considers the implications of the Supreme Court decision in Guest The court’s task is to do justice ‘in the round’, including to any third parties, and with reference to whether the proposed remedy (if conferred by the promisee) would be unconscionable or not. More than ten months in the making and running to …
Continue reading "Proprietary estoppel: What to expect"
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Daisy Minns Shearer and Emma Williams review the remedies currently available for cohabitants and recommendations for reform Reflecting on the efforts that have been made to reform this area can be frustrating, but when cohabitants’ rights on separation or death have been reviewed over the last 20 years, similar principles have emerged. Campaigners have been …
Continue reading "Cohabitation: No further forward"
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Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key …
Continue reading "Schedule 1: Welfare widely construed"
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Sacha Lee examines the current surrogacy framework and the potential reforms that may follow Law Commission recommendations The aim of the Law Commission’s proposals is to protect both the surrogate’s right to consent and her right to object by implementing formal requirements. They are designed to ensure that the parties are completely aware and informed …
Continue reading "Surrogacy: A new legal direction?"
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Sean Hilton and Peter Turnbull highlight how using cash-flow modelling can assist separating couples Cash-flow modelling can help parties to understand what is reasonably achievable from the assets and income available to them. The use of cash-flow modelling is becoming ever more common and the trend suggests that it is no longer reserved just for …
Continue reading "Financial planning: Taking care of the pennies"
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Heather Souter highlights the potential implications of bankruptcy in relation to transfers of property between spouses If a successful claim is brought by a trustee in bankruptcy, the court is able to make an order restoring the position to what it would have been and/or an order to protect the interests of persons who are …
Continue reading "Bankruptcy: Out of bounds"
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Richard Adams looks at the adjournment of capital claims in financial proceedings and the need for practitioners to be alert to potentially fabricated disclosure The justification of a departure from normal practice does not necessarily need to include a real possibility of capital from a specific source becoming available in the near future, as fairness …
Continue reading "Financial provision: If not now, then when?"
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Rachael Brownlee and Sky Langwieser examine the approach to financial remedy cases involving modest assets Where there are modest assets, a case is more often than not likely to fall into the category of a ‘needs case’ and while pre-acquired wealth may be a relevant factor, any argument for such assets to be excluded in …
Continue reading "Needs: Strapped for cash"
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