Financial Provision – Law Journals

Financial provision: If not now, then when?

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 …

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Financial provision: A rare thing

David Wilkinson navigates the leading authorities on applications under s27 of the Matrimonial Causes Act 1973 The Court of Appeal’s judgment in Villiers is based upon the status quo ante as regards the jurisdictional position, and sets out in helpful detail the correct approach to the determination of s27, MCA 1973 applications, including what matters …

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Financial provision: Future state

Aaron Williams provides a helpful guide to unpicking the complexities of cryptocurrency All cryptoassets are considered property under the law of England and Wales, are capable of being controlled, can be ascribed a value and are reportable under HMRC tax regulations. Once the preserve of cyberpunks, the tech savvy in Silicon Valley and financially astute …

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Financial provision: An invisible cohort?

Farhana Shahzady asks whether family lawyers are failing women who are going through the menopause The worry is that the voice of some women is being lost and the level of hardship some women are being asked to endure due to menopause in later life is far from fair, when ironically fairness is the backdrop …

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Financial provision: Dealing with reality

Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …

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Financial provision: Exploring the options

Ellie Foster considers a decision of Mostyn J on set aside and transparency in financial remedy proceedings In assessing unforeseeability in the context of a change of asset value, the court should focus on the economic impact of the event rather than its cause or nature. The onset of the Covid-19 pandemic in early 2020 …

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Financial provision: Under the radar?

Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …

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Financial provision: Planning for uncertainty

Holly Cook looks at the impact of a life-limiting health condition when assessing financial claims on divorce In ND v GD, it was a matter for the wife and her litigation friend/power of attorney to decide how the funds were to be apportioned between housing and income needs, ie she may choose to spend less …

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Financial provision: Short but sweet

David Wilkinson looks at a decision of Mostyn J as to the approach to short marriages and the assertion that whether a marriage has produced children or not is immaterial as to the division of assets Mostyn J’s judgment is notable for its legal rather than zoological analysis of the ‘white leopard’, representing the rare …

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Financial provision: Risky business

David Wilkinson analyses a recent decision on an application to set aside based on the impact of Covid-19 on asset values In FRB v DCA (No 3), a dearth of evidence regarding the specific impact of the pandemic on the husband’s extensive asset base, which ranged across various countries and industries, coupled with unfavourable findings …

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