financial remedies – Law Journals

Financial planning: Taking care of the pennies

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 …

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Needs: Strapped for cash

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 …

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Transparency: An open book?

David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in …

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Liabilities: Minding your P v Q

David Wilkinson sets out the key principles to be applied in cases involving obligations owed by the parties and what may categorise a debt as hard or soft A hard obligation should appear on the judges’ computation table but where an obligation is in the category of a ‘soft’ obligation or loan, the judge may …

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Financial remedies: A new way of working

Hannah Hughes summarises the impact of the below High Court judge level efficiency statement in the Financial Remedies Court The efficiency statement makes it clear that it is unacceptable for the court to be presented at the financial dispute resolution appointment (or final hearing) with competing asset schedules and chronologies. Parties must therefore collaborate to …

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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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