Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Scotland and Wales begin formal dispute with UK Government over £1bn DUP deal – Daily Telegraph

Posted July 20th, 2017 in devolution issues, financial provision, news, Northern Ireland, Scotland, Wales by tracey

‘The Scottish and Welsh governments have launched a formal dispute with Westminster over their demands for extra funding as a result of the Tory deal with the Democratic Unionist Party.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

Civil way – New Law Journal

‘Before I embark on this little tale, let me put you straight. So long as they act in good faith, as they always do, judges incur no liability for erroneous decisions. So that’s alright, then. And the Crown has no liability for anything done by any person discharging judicial responsibilities? Not quite, as highlighted by LL v The Lord Chancellor [2017] EWCA Civ 237, [2017] All ER (D) 123 (Apr). If a court orders a person to be arrested or detained in contravention of Art 5 of the European Convention on Human Rights then that person is entitled to damages in a claim against the Crown (ss 7(1) and 9 of the Human Rights Act 1998) and proceedings would have to be brought against the Lord Chancellor (as if he didn’t have enough to worry about already). Detention will be unlawful if the court acted without jurisdiction (which is why judges should take the Green Book with them wherever they go) or where there was a gross and obvious irregularity in the court’s procedure or a flagrant denial of justice.’

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New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Finance and Divorce Update, July 2017 – Family Law Week

Posted July 7th, 2017 in divorce, domestic violence, families, financial provision, news, statistics by tracey

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during June 2017.’

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Family Law Week, 6th July 2017

Source: www.familylawweek.co.uk

Sham Trusts and the Grand National – Family Law Week

Posted June 30th, 2017 in financial provision, news, sham transactions, trusts by tracey

‘Mark Warwick QC of Selborne Chambers explains the hurdles that need to be cleared in order to establish that a trust is a sham in the light of the judgment in ND v SD and Others (2017) EWHC 1507 (Fam).’

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Family Law Week, 28th June 2017

Source: www.familylawweek.co.uk

Post-separation accrual – Law Society’s Gazette

Posted June 20th, 2017 in cohabitation, divorce, financial provision, married persons, news by sally

‘As Nicholas Cusworth QC, sitting as a deputy High Court judge, stated in JB v MB [2015] EWHC 1846 (Fam), where addressing post-separation accrual, he was dealing with a ‘lawless science’ and therefore the outcome he reached ‘may be arbitrary to a degree’.’

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Law Society's Gazette, 19th June 2017

Source: www.lawgazette.co.uk

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Finance and Divorce Update, June 2017 – Family Law Week

Posted June 14th, 2017 in divorce, financial provision, news, trusts by tracey

‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Couple’s brief marriage meant husband should have smaller divorce pay-out in landmark ruling -Daily Telegraph

Posted June 14th, 2017 in divorce, financial provision, news, remuneration by tracey

‘Couples who divorce after only a brief marriage can no longer expect to have their assets split equally by default following an appeal court ruling.’

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Daily Telegraph, 13th June 2017

Source: www.telegraph.co.uk

Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Finance and Divorce Update, May 2017 – Family Law Week

Posted May 18th, 2017 in adoption, appeals, bills, civil partnerships, divorce, financial provision, news by tracey

‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’

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Family Law Week, 12th may 2017

Source: www.familylawweek.co.uk

Divorce should be separate from money battles, says top judge – The Guardian

Posted May 18th, 2017 in divorce, financial provision, judges, news by tracey

‘The process of obtaining a divorce should be completely separated from a couple’s disputes over money, according to the most senior family judge in England and Wales. Referring to the government’s “lamentable history of procrastination” in reforming divorce laws, Sir James Munby called for the streamlining of new online divorce procedures.’

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Full text of the latest view from the President’s chambers

The Guardian, 17th May 2017

Source: www.guardian.co.uk

Estranged wife gets £453m in one of biggest UK divorce settlements – The Guardian

Posted May 12th, 2017 in divorce, financial provision, news by sally

‘The former wife of an oil and gas trader has been awarded £453m in one of the largest divorce settlements ever agreed by a UK court. It confirms London’s status as the favoured location to bring divorce claims against super-rich spouses.’

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The Guardian, 11th May 2017

Source: www.guardian.co.uk

DW and another v CG – WLR Daily

Posted April 27th, 2017 in bankruptcy, divorce, financial provision, matrimonial home, news by sally

DW and another v CG [2016] EWHC 2965 (Fam)

‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’

WLR Daily, November 2016

Source: www.iclr.co.uk

Finance and Divorce Update April 2017 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Millionaire is not a ‘genius’ so should give his ex-wife half his £180 million fortune, Court of Appeal rules – Daily Telegraph

Posted April 12th, 2017 in divorce, financial provision, news by sally

‘An American financier who claimed his work was so touched by “genius” that he should not be forced to give his estranged wife half their £180 million fortune has been told by a British court there was nothing exceptional about his contribution to their marriage.’

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Daily Telegraph, 11th April 2017

Source: www.telegraph.co.uk

‘Homemaker’ ex-wife of Laura Ashley boss wins a third of his £200m fortune after bitter divorce battle – Daily Telegraph

Posted April 7th, 2017 in divorce, financial provision, news by tracey

‘A former Malaysian beauty queen has been awarded a £64 million divorce payout after a bitter legal battle which her lawyer has described as a victory for the “home maker”. A High Court judge ruled yesterday that Pauline Chai should receive the huge settlement – one of the largest in history – after 42 years’ marriage to the chairman of the Laura Ashley fashion business.’

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Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’

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Radcliffe Chambers, 16th March 2017

Source: www.radcliffechambers.com

Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

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New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk