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

Watchdog finds £3bn in child support arrears may never be collected – The Guardian

‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by tracey

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Ilott -v- Mitson: Claims by adult children contesting wills – the law is unsatisfactory – Halsbury’s Law Exchange

Posted March 22nd, 2017 in benefits, charities, financial provision, news, Supreme Court, wills by sally

‘At long last the saga has reached a conclusion. The Supreme Court handed down its judgment in the case of Ilott (Respondent) v The Blue Cross and others (Appellants) [2017] UKSC 17 on 15 March, a case having its roots in the death of the late Mrs Jackson (Mrs Ilott’s mother) some 13 years ago.’

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Halsbury’s Law Exchange, 20th March 2017

Source: www.halsburyslawexchange.co.uk

Finance and Divorce Update March 2017 – Family Law Week

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

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Family Law Week, 16th March 2017

Source: www.familylawweek.co.uk

Men ‘bullied’ out of generous divorce settlements by breadwinning wives – Daily Telegraph

‘Men are being awarded more generous divorce payouts with some also receiving ongoing payments from their ex-wives, lawyers say.’

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Daily Telegraph, 4th February 2017

Source: www.telegraph.co.uk