Financial Provision – Page 4 – Law Journals

Financial Provision: Eyes front

Ayesha Vardag and John Oxley analyse the latest judgment in Chai v Peng, and the court’s approach to the law in a connected jurisdiction ‘The UK has clearly avoided European laws that allow for the application of foreign law in English courts, but the approach of judges has not always been consistent.’ The decision in …

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Financial Provision: Time gap

Claire Molyneux summarises the courts’ approach to delay in making a financial remedy application, and how the principles in Wyatt v Vince are being applied ‘In weighing the factors, consideration must be given to the effect on the financial affairs of the other party, prejudice to the other party and the explanation for the delay.’ …

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Financial Provision: All in order

Paula Butterworth and Sohinni Sanghvi provide an overview of the court’s powers to make financial orders and the significance of the timing of the decree nisi ‘If the court purports to make an order, or provides for a judgment to take effect prior to decree nisi, the resulting order will be a nullity and cannot …

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Financial Provision: An open door

Vanessa McMurtrie examines the lessons to be learnt from the outcome in the long-running case of Wyatt v Vince ‘Good practice means we should always be looking for, and encouraging our clients to consider, the possibility of compromise.’ If ever there was a good example of why divorcees of modest means should agree a clean-break …

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Financial Provision: Behaving badly

Sarah Passemard looks at the development of case law on add-backs based on financial conduct ‘Even where it appears that one party may have indulged in risky financial behaviour, it may not be appropriate for there to be an add-back, or indeed for any kind of financial misconduct to be pleaded.’ One website described the …

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Financial Provision: Two worlds

Fiona O’Sullivan, Mark Surguy and Gareth Griffiths compare and contrast the approaches to privacy and disclosure in family and commercial cases ‘Does the duty to make full and frank disclosure trump the employee or director’s duties to keep confidential information about the company confidential?’There is a tension between the duties owed by commercial entrepreneurs, who …

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Financial Provision: Change of heart

Kate Smith looks at a Barder appeal based on the arrangements for the children of the family ‘Ordinarily, the appeal court is limited to a review of the lower court’s decision unless it considers that in the circumstances it would be in the interests of justice to hold a rehearing.’ Hot on the heels of …

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Financial Provision: Continuum or new venture?

Joanne Hall summarises the courts’ approach to post-separation growth in assets and the diverging views of the judiciary ‘The judgment in JB v MB reinforces that the law on post-separation accrual is highly fact specific and discretionary but must also be consistent and predictable.’ If the title of this article sounds like a Star Trek …

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Financial Provision: Needs and misdeeds

Vanessa McMurtrie analyses a recent decision on improperly obtained documents and assesses the dominance of needs in middle-income cases ‘In some circumstances you may be placed in immediate professional difficulty in relation to illicitly obtained materials, as your duty to your client will be in conflict with your duty as an officer of the court.’ …

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Financial Provision: Limited consequences?

Frances Bailey and Adrian Clossick look at the potential impact of the Supreme Court decision in Wyatt v Vince ‘Successful applications [for financial provision] after a lengthy period of separation are likely to be rare and in the authors’ view limited to cases where (per Rossi) “there has been a very good reason for the …

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