Financial Provision – Page 3 – Law Journals

Financial provision: Looking beyond the evidence

Antonia Barker analyses the outcome in long-running financial remedy proceedings, where the court drew adverse inferences from non-disclosure and was unable to achieve finality ‘In addition to their use of trust-owned properties, both husbands in Quan and Joy had access to what Mostyn J described as ‘‘financial assistance kindly given”.’ In Quan v Bray [2018] …

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Financial provision: Proceed with haste

Tania Derrett-Smith looks at the impact of delay on financial remedy applications ‘The Supreme Court decision in Wyatt highlights that delay in bringing an application for a financial remedy will be a major factor for the court’s consideration, and is quite likely to have an impact on the final outcome.’ Surprisingly, there are relatively few …

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Financial provision: Sharing the burden

Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income ‘The court will always need to look at all the relevant circumstances of each case when deciding whether and how a party should fairly be using their free capital to …

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Financial provision: A helping hand

Che Meakins looks at the issue of needs in financial proceedings, and the guidance available to assist parties, practitioners and the courts ‘In the case of a financial application made at the time of separation, the court is likely to classify any identified needs as generated by the relationship more or less by default.’ Family …

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Financial provision: One step at a time

Clare Williams and Holly Tootill review the circumstances in which a two-stage process to determine assets, and then entitlement, will be appropriate ‘Having a hearing to decide the extent of the asset base, and another hearing to conclude a financial order, is unusual but perhaps inevitable when the parties are very far apart on what …

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Financial provision: Looking to the future

Ellen Walker considers the treatment of prospective inheritances and when they might constitute a financial resource ‘Whereas normally it would be unfair for the court to rely on a future inheritance that may not materialise, in Alireza the forced heirship laws meant that, absent any evidence to the contrary, the court was perfectly entitled to …

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Financial provision: Planning ahead

Alice Couriel highlights issues of enforcement to be considered on the making of an order for financial provision ‘Practitioners have a duty to consider enforceable provisions at all stages of proceedings, and the court’s far-reaching discretion often assists in this regard.’ In Amin v Amin [2017] the Court of Appeal was concerned with an appeal …

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Financial Provision: In sickness and in health

Frances Bailey looks at the potential impact of physical or mental disabilities on financial awards, and the relevant case law ‘Poor health may impact on, and increase, income needs, particularly where a party has, or will have in the future, a need to pay for costs of medicines, care and support.’ Section 25, Matrimonial Causes …

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Financial Provision: An open door

David Hickmott examines the Supreme Court decision in Birch v Birch and the importance of the discretionary jurisdiction in the family courts ‘The matter could, and should, have been more expeditiously dealt with had the parties addressed the court as to a proper inquiry into the merits of the wife’s application, rather than being derailed …

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Financial Provision: Short but sweet

Priya Palanivel and Shantel Burbridge examine the Court of Appeal’s decision in Sharp v Sharp, and the potential impact on the approach to short marriages ‘The facts of Sharp meant it was “one of the very small number of cases” where the circumstances justified a departure from the principle of equal sharing.’ The duration of …

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