Financial Provision – Page 7 – Law Journals

Financial Provision: Love, honour and compensate

In the first of a two-part analysis Huw Miles looks at the courts’ approach to compensation If the other party, who has been the beneficiary of the choices made during the marriage, is a high earner with a substantial surplus over what is required to meet both parties needs, then a premium above needs can …

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Financial Provision: Balancing needs

Andrew Meehan outlines the courts’ approach when matrimonial assets include personal injury damages ‘In some cases, the needs of the recipient of the damages may mean that there is little or no readily available capital that might be transferred to the wife. In others, the need of the children and the primary carer may take …

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Financial Provision: Second chances

Virginia Sherbourne and Vanessa Mitchell look at the lessons to be learnt regarding variation of maintenance from the Court of Appeal decision in N v N ‘The factors applied to the award of periodical payments in general will apply in considering any application to vary the position and the court will strive to be fair …

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Financial Provision: Revisiting orders

Hannah Clark analyses the limited circumstances in which the courts will reopen a final financial order ‘The courts are paying clear regard to the floodgates argument, through their restrictive application of the principle of finality in litigation and their constant reiteration of the extraordinariness of Barder events.’As family lawyers, we are well accustomed to the …

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Financial Provision: Changing times

Lucy Loizou and David Hodson examine the new rules regarding financial disputes and the transitional arrangements under the FPR 2010 ‘The aim of the pre-action protocol is to assist the parties in resolving their differences quickly and fairly, or at least narrow the issues, and, should that not be possible, to assist the court to …

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