“An order made in matrimonial ancillary relief proceedings to convey property was not a transaction made without consideration, whether following a contested hearing or a compromise agreement.”
The Times, 12th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Hill and another v Haines [2007] EWCA Civ 1284
“A property adjustment order made in ancillary relief proceedings, whether following a contested hearing or a compromise agreement, was made for consideration and was not therefore a transaction at an undervalue under section 339 of the Insolvency Act 1986. Parliament could not have intended that an order transferring the former matrimonial home from one spouse to the other should be capable of automatic nullification at the suit of the trustee in bankruptcy of a spouse against whom a bankruptcy order had subsequently made on his or her own petition.”
WLR Daily, 6th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Court of Appeal rules that Wendy Haines does not have to give up her share of the matrimonial home proceeds to pay off ex-husband’s creditors.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
Sundelind Lopez v Lopez Lizazo (Case C-68/07)
“Arts 6 and 7 of Regulation No 2201/2003 meant that where, in divorce proceedings, a respondent was not habitually resident in and not a national of a member state, the courts of a member state could not base their jurisdiction to hear the petition on their national law, if the courts of another member state had jurisdiction under art 3 of the Regulation.
The Third Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Högsta domstolen, Sweden.”
WLR Daily, 4th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Two children of a multimillionaire jeweller have been given legal aid of £30,750 to protect their interests under a family trust amid a divorce war between their parents.”
The Guardian, 3rd December 2007
Source: www.guardian.co.uk
Agreement has legal force
Court of Appeal
“An agreement between spouses to compromise an ancillary relief claim need not be approved by the court to have legal force.”
The Times, 14th November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A woman who faces being stripped of her divorce settlement to pay for her former husband’s debts was at the centre of a test case yesterday with far-reaching implications for ‘clean break’ divorces.”
The Times, 14th November 2007
Source: www.timesonline.co.uk
“A woman who recently won a divorce award of £48 million should have been entitled to as much as £65 million, according to a leading family QC.”
The Times, 5th November 2007
Source: www.timesonline.co.uk
“Sir Paul McCartney and Heather Mills are the latest celebrity couple to find out the hard way that divorce often ends in a long, acrimonious and expensive court battle. But many costly annulments could be avoided if alternative and less hostile means of separation were explored first, new research suggests.”
The Independent, 16th October 2007
Source: www.independent.co.uk
Soulsbury v Soulsbury [2007] EWCA Civ 938
“An agreement whereby a wife waived her entitlement to periodical payments from her former husband under an order of court on the promise of her former husband to leave her £100,000 in his will was legally effective even though it had not been approved by the court.”
WLR Daily, 10th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Divorce has been hitting the headlines this week. Unusually though it is because legal leading lights are calling for reforms that would put the brakes on high-value settlements that have historically been the divorce headline-makers and the high costs of many divorces.”
The Times, 5th October 2007
Source: www.timesonline.co.uk
Divorce pending appeal valid
“It was perfectly reasonable for an English court to grant a decree absolute of divorce to the wife where the husband was waiting for an appeal to be heard in France by the Cour de Cassation on whether the Cour d’Appel de Paris had been correct in holding that the English court had been seised first.”
The Times, 4th October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Britain’s top family judges and lawyers began a campaign yesterday to take divorce out of the courts and make couples resolve their issues without bitter and costly legal battles.”
The Times, 4th October 2007
Source: www.timesonline.co.uk
“Britain’s most senior family judge is calling for a review of the law on how couples’ assets are split on divorce after a series of high-profile disputes between husbands and wives.”
The Times, 1st October 2007
Source: www.timesonline.co.uk
“The number of divorces in England and Wales has fallen to its lowest level since 1984 amid signs that changes in legal rulings and publicity surrounding big divorce settlements are encouraging couples to stay together.”
The Guardian,31st August 2007
Source: www.guardian.co.uk
“Gerry Cunningham is a lucky man. This morning his estranged lottery-winning wife Angela promised to share her winnings but under Scottish law she has no obligation to be so generous.”
The Times, 15th August 2007
Source: www.timesonline.co.uk
“The man who faces a £48m divorce bill after a lengthy battle with his former wife could take the case to a court in Bermuda, where he now lives.”
BBC News, 2nd August 2007
Source: www.bbc.co.uk
“A multi-millionaire businessman has lost a final appeal to prevent his former wife from keeping her £48 million divorce pay-out, the biggest awarded by a British court.”
Full story
The Times, 31st July 2007
Source: www.timesonline.co.uk
“Marriage on the rocks? Two big money divorce lawyers tell you 20 ways to make the split less painful.”
The Times, 26th July 2007
Source: www.timesonline.co.uk
“Cohabiting couples who separate should be given the same rights to each other’s wealth as married couples who divorce, according to Government advisers.”
Daily Telegraph, 26th July 2007
Source: www.telegraph.co.uk
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