financial provision – Page 21

Petrodel v Prest: hiding assets behind the corporate veil? – Halsbury’s Law Exchange

Posted November 2nd, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.

Full story

Halsbury’s Law Exchange, 1st November 2012

Source: www.halsburyslawexchange.co.uk

Finance and Divorce November Update – Family Law Week

Posted November 2nd, 2012 in divorce, family courts, financial provision, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse October’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 1st November 2012

Source: www.familylawweek.com

Divorce ruling branded ‘cheat’s charter’ – Law Society’s Gazette

Posted November 1st, 2012 in appeals, company law, financial provision, matrimonial home, news by sally

“Lawyers have branded as a ‘cheat’s charter’ a Court of Appeal landmark ruling that an oil tycoon need not hand over to his wife £17.5m in assets held by his companies.”

Full story

Law Society’s Gazette, 1st November 2012

Source: www.lawgazette.co.uk

Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest – Family Law Week

Posted November 1st, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

“Alison Burge, barrister, of Pump Court Chambers analyses the Court of Appeal’s decision in the watershed case of Petrodel v Prest.”

Full story

Family Law Week, 31st October 2012

Source: www.familylawweek.com

Prest v Prest and others – WLR Daily

Posted October 30th, 2012 in appeals, company law, financial provision, law reports, matrimonial home by sally

Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296

“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

How female breadwinners are ‘losing out’ in divorce – Daily Telegraph

Posted October 8th, 2012 in divorce, financial provision, news, women by sally

“Career women increasingly feel that they are losing out in divorce settlements because courts do not ask who does the housework, lawyers say.”

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Daily Telegraph, 8th October 2012

Source: www.telegraph.co.uk

Divorce – needs and non-matrimonial assets: formula or flexibility? – Halsbury’s Law Exchange

Posted September 25th, 2012 in consultations, divorce, family courts, financial provision, news by sally

“The Law Commission recently published a supplemental consultation paper (Matrimonial Property, Needs and Agreements – Law Com 2012/208) following its earlier consultation on marital property agreements in 2011. The focus of the supplemental consultation is two particularly problematic aspects of financial provision on divorce or civil partnership dissolution: needs and non-matrimonial assets.”

Full story

Halsbury’s Law Exchange, 24th September 2012

Source: www.halsburyslawexchange.co.uk

Divorce law criticised as ‘incomplete and uninformative’ – The Guardian

Posted September 11th, 2012 in consultations, divorce, financial provision, matrimonial home, news, prenuptial agreements by tracey

“Divorce laws in England and Wales are so ‘incomplete and uninformative’ that judges receive no guidance about the fairest way to divide a couple’s property, the Law Commission has said.”

Full story

The Guardian, 11th September 2012

Source: www.guardian.co.uk

Matrimonial Property, Needs and Agreements – Law Commission

Posted September 11th, 2012 in civil partnerships, consultations, divorce, financial provision, matrimonial home, prenuptial agreements by tracey

“Following its 2012 consultation on marital property agreements (‘pre-nups’), the Law Commission has opened a supplementary consultation on needs and non-matrimonial property.”

Full consultation

Law Commission, 11th September 2012

Source: www.lawcommission.justice.gov.uk

Finance and Divorce September Update – Family Law Week

Posted September 10th, 2012 in civil partnerships, divorce, family courts, financial provision, news by tracey

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse July’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 7th September 2012

Source: www.familylawweek.co.uk

In a Dorney-Kingdom of their own: Segal orders examined – Family Law week

Posted August 28th, 2012 in child support, financial provision, news by tracey

“Byron James, barrister, 14 Gray’s Inn Square, considers the circumstances in which Segal Orders can be made.”

Full story

Family Law week, 28th August 2012

Source: www.familylawweek.co.uk

Dukali v Lamrani: a cautionary tale on how the courts define marriage – Family Law Week

Posted August 15th, 2012 in cohabitation, financial provision, jurisdiction, marriage, news by sally

“Dr John Fox and Eleanor Fletcher, both barristers at Lamb Building, consider the lessons to be learned from the court’s approach to determining the validity of the parties’ marriage in Dukali v Lamrani.”

Full story

Family Law Week, 14th August 2012

Source: www.familylawweek.co.uk

Lessons to be learned for cohabitation cases in England, says Lady Hale in Supreme Court Scottish case – Family Law Week

Posted July 5th, 2012 in cohabitation, financial provision, news, Supreme Court by sally

“In Gow v Grant [2012] UKSC 29, a Scottish cohabitation case, heard in the Supreme Court, Barnoness Hale has said that lessons can be learned in England and Wales from the practicability and fairness provided by Scottish legislation.”

Full story

Family Law Week, 5th July 2012

Source: www.familylawweek.com

Judge bans reporting of divorce finances to save ’embarrassment’ – Daily Telegraph

Posted July 5th, 2012 in confidentiality, divorce, financial provision, human rights, news, public interest by sally

“A judge has banned publication of details of a divorce case on human rights grounds after the father of the husband claimed it risked causing him embarrassment and ruining his career.”

Full story

Daily Telegraph, 5th July 2012

Source: www.telegraph.co.uk

Finance & Divorce May 2012 Update – Family Law Week

Posted June 7th, 2012 in bankruptcy, costs, divorce, financial provision, marriage, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”

Full story

Family Law Week, 6th June 2012

Source: www.familylawweek.com

Appeal court overturns civil partnership award – BBC News

Posted March 29th, 2012 in appeals, civil partnerships, financial provision, news by sally

“Judges have overturned a decision that awarded an actor a £1.7m settlement after his civil partnership broke down.”

Full story

BBC News, 29th March 2012

Source: www.bbc.co.uk

Annual Resolution Conference – Speech by Sir Nicholas Wall

Posted March 27th, 2012 in children, divorce, domestic violence, families, financial provision, speeches by sally

Annual Resolution Conference (PDF)

Speech by Sir Nicholas Wall, President of the Family Division

Annual Resolution Conference, 24th March 2012

Source: www.judiciary.gov.uk

Family arbitration – Halsbury’s Law Exchange

Posted March 13th, 2012 in arbitration, families, financial provision, news by sally

“On 22 February 2012 a new arbitration scheme was launched. The IFLA (Institute of Family Law Arbitrators) Scheme is the result of a collaboration between resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR) the whole issue of family law arbitration has been under consideration for about the last decade and during that time a number of family lawyers, arbitrators and judges have worked tirelessly to assist in the formulation of the scheme and its rules.”

Full story

Halsbury’s Law Exchange, 13th March 2012

Source: www.halsburyslawexchange.co.uk

Independent Trustee Services Ltd v Morris – WLR Daily

Posted March 2nd, 2012 in assets recovery, disclosure, financial provision, law reports, married persons by tracey

Independent Trustee Services Ltd v Morris: [2012] EWCA Civ 195; [2012] WLR (D) 55

“The defence of bona fide purchaser for value without notice, at the time of receipt of moneys, to a tracing claim by a trustee for the recovery of misappropriated trust moneys was not available to the recipient thereof where a consent order made in ancillary relief proceedings pursuant to which the moneys had been paid had been rescinded, on the recipient’s application to renew the ancillary relief application because of non-disclosure of assets, by the time the defence was raised.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

Edgerton v Edgerton and another – WLR Daily

Posted February 28th, 2012 in appeals, estoppel, financial provision, law reports by tracey

Edgerton v Edgerton and another: [2012] EWCA Civ 181; [2012] WLR (D) 47

“Where the High Court had made a final decision which was binding on the parties and conclusively determined the ownership of assets, the parties were estopped from arguing in proceedings in another division of the High Court that the ownership of the disputed assets was different. If one party wished to argue that the earlier decision should not bind the parties because it had been obtained by fraud or collusion, the proper course was to apply to set aside the first judgment.”

WLR Daily, 24th February 2012

Source: www.iclr.co.uk