An increasing number of divorces now involve international elements, and the spousal maintenance issues involved are fraught with complexity Spousal maintenance is notoriously one of the most difficult aspects of financial separation for both clients and lawyers. This is especially true given the level of discretion afforded to judges when
‘The valuation of private companies is a matter of no little difficulty’[1]. The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of an
Following on from my previous articles below about the Pilot for Transparency and Court Reporting in Family law matters:; see below, there have been 2 further significant developments. The Transparency Pilot – A Relaxation of Rights to Privacy in Family Proceedings February 2023 and The Family Court’s Transparency Pilot Scheme:
Executive summary There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance
On 23 May 2024, the Court of Appeal delivered Judgment in the case of Standish v Standish [2024] EWCA Civ 567, unanimously allowing the husband’s appeal from Mr Justice Moor sitting in the Family Division of the High Court. In 2017 the husband had transferred £77 million (which included
When is conduct relevant? Section 25(2)(g) of the Matrimonial Causes Act 1973 states that for conduct to be taken into account in financial remedy proceedings it needs to be conduct that would, in the opinion of the Court, be inequitable to disregard. What does this mean? Section 4.4 of the
The Spring Budget 2024 was announced on 6 March 2024. Whilst the Budget did not help to fill the public’s wallet as much as hoped, it nevertheless introduced changes about which family law practitioners, and separating families should be aware of*. *With a general election this year, these policies might
Following the breakdown of a relationship, children will undoubtedly be affected by their ability to spend less time with each of their parents. A subsequent consequence in the breakdown of the family unit will be the impact on the child or children’s relationship with their wider paternal or maternal family.
Summary When the UK left the EU, and new domestic legislation was needed to replace EU law, the UK government said in relation to divorce jurisdiction of England and Wales that it would follow, be the same as, the EU law. This was for very justifiable reasons of continuity and
On 31 January 2024 the Supreme Court handed down judgment in the case of Potanin and Potanina [1]. For a summary of the background to the proceedings and an overview of the judgment please click here. The key dates in the proceedings are as follows: 8 October 2018: The wife
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