Financial Provision – Page 2 – Law Journals

Financial provision: A long shot

Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder There have been pandemics historically but does the immediate and ongoing impact on the global economy of Covid-19 put the 2008 crisis in the shade such that its scale could never have been foreseen? …

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Financial provision: Few and far between

Andrew Smith argues that, despite appearances, compensation awards arising from a relationship-generated disadvantage are unlikely to be commonplace following RC v JC The wife’s health had a significant bearing on her earning capacity for the foreseeable future, to the extent that Moor J would not ascribe her an earning capacity. In RC v JC [2020], …

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Financial provision: Not-so-special

Catherine Doherty examines the approach to stellar contributions and whether such arguments are now largely obsolete ‘The Court of Appeal felt that it could only determine that there was not such a disparity in the parties’ respective contributions that it would be inequitable to disregard them when deciding what award to make.’ The decision of …

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Financial provision: Path of destruction

David Wilkinson reviews the court’s approach in a case involving conduct, multi-faceted litigation and a family business ‘It is arguable that a “predicament of real need” would be exactly what the husband would have been in had the final order penalised him in terms of his conduct.’ Cohen J’s judgment in TT v CDS [2019] …

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Financial provision: Stemming the tide?

Sarah Dodds discusses whether financial orders after an overseas divorce are now more restricted, or simply continue to be a remedy only available in limited circumstances ‘Pt III, MFPA 1984 cannot be used to “top up” provision made in a foreign order to put it on par with what would have been awarded had the …

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Financial provision: Towards a clean break

Camilla Thornton considers the approach to earning capacity and the application of the sharing principle post-Waggott ‘The sharing of an income stream is unprincipled and periodical payments should only be ordered to meet needs and rarely compensation.’ O’Dwyer v O’Dwyer [2019] is the first reported case to specifically apply the principles laid out by the …

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Financial provision: Putting the pieces together

Shazia Khan reviews a big-money case involving a complex trust structure and a party who lacked litigation capacity ‘The desirability of a clean break order was balanced against the prospect of the wife adjusting without undue hardship, but also to avoid her chasing the husband endlessly through the legal system.’ In AF v SF [2019], …

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Financial provision: Exceptional needs

Rachel Nicholl reviews the approach of the family courts in cases where a party suffers from ill health or a life-limiting illness ‘Health or physical impairment is just one factor the court will take into consideration, although it is very much intertwined with other elements such as housing, long-term needs, income and earning capacity.’ When …

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Financial provision: Out of bounds

In the conclusion to a two-part analysis, Bronwyn Bailey and Ethan Axelrod consider when the courts may give judicious encouragement to trustees to satisfy an order made against a party ‘The court needs to be satisfied that the trustees would be likely to respond to judicious encouragement, so that the required funds would be likely …

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Financial provision: Sharing the risk

Jemma Pollock reviews the treatment of ‘copper-bottomed’ assets when compared to assets with a higher risk and less certain value in a case involving a private company ‘The impact of the uncertainty will of course be felt more in cases where resources outside of a family business are lower and where achieving a balance is …

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