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Finances

Cohabiting Couples and what to do with the property when it does not work?

The recent announcement at the Labour Party conference by the shadow attorney-general Emily Thornberry MP has re-highlighted the importance of reform of rights of cohabitants. An increasing number of couples are deciding to cohabit rather than enter into a marriage or a civil partnership. According to the Research Briefing published

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Important Part III case in Supreme Court

On 31 October and 1 November 2023, the UK Supreme Court will be hearing the former husband’s appeal in the case of Potanin and Potanina [1].  The appeal will consider in what circumstances it is appropriate for the English family court to allow a former spouse to make an application

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The Divorce Podcast – Is 50/50 always Fair?

Prof David Hodson OBE KC(Hons) MCIArb and renowned legal correspondent Joshua Rosenberg, join Kate Daly of Amicable in The Divorce Podcast to discuss the proposed reform by the Law Commission in respect of financial outcomes on divorce. Specifically to discuss whether 50/50 is a fair way to divide money and

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Maintenance for Children: New Formula for Old Problems?

The Child Maintenance Service (CMS) has provided a mechanism for calculating the amount of maintenance payable for children since 2012.  Its predecessor, the Child Support Agency, was launched in 1993.  Having a method for calculating child maintenance is therefore not a new phenomenon.  However, the mechanisms, whilst effective, do have

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Looking back at Duxbury 30 years on

The Duxbury formula seeks to ascertain a capital amount which if invested to achieve capital growth and income yield (both at assumed rates and after tax on the yield and required gains) could be drawn down in equal inflation-proofed instalments over a period of time (often the recipient’s life expectancy) but would be completely exhausted at the end

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Cryptocurrency and The Family Courts: Some International Experiences

Executive summary Millions of people around the globe have funds in cryptocurrencies, with billions of dollars now invested.  The nature of these funds is invariably secretive and non-national based.  They present distinctive challenges for family courts around the world in ascertaining what are the overall assets in order to produce

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