Bloom v Bloom: The risks of failing to provide full and frank disclosure in financial remedy proceedings – Family Law

‘Bloom v Bloom [2018] Lexis Citation 16 concerned the applicant wife’s application that judgments in the financial remedy proceedings, where the respondent husband had been found to have defrauded her parents, should be published un-anonymised. The application was granted.’

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Family Law, 22nd March 2018

Source: www.familylaw.co.uk

Attempting modernisation: the Divorce (Financial Provision) Bill – Family Law

‘Momentum is growing for the modernisation of the statutory approach to the financial division of assets on divorce, the recognition of pre- and post-nuptial agreements, and an overhaul of spousal maintenance. Over the last few years the great and the good have been beavering away in an attempt to find the Holy Grail, a way of modernising family law to provide more certainty and clarity.’

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Family Law, 2nd February 2018

Source: www.familylaw.co.uk

Privacy and the Princess – Transparency Project

Posted December 13th, 2017 in divorce, freedom of expression, human rights, matrimonial home, news, privacy by sally

‘Once upon a time, His Royal Highness Louis Xavier Marie Guillaume, Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma married Tessy Antony, now Her Royal Highness Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Parma. Unfortunately, they did not live happily ever after, as, after 11 years of marriage and two children, they are now divorcing in the High Court in London.’

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Transparency Project, 11th December 2017

Source: www.transparencyproject.org.uk

Our House, in the middle of … Ambridge: Rogers v Burns – Tanfield Chambers

Posted August 22nd, 2017 in cohabitation, estoppel, housing, matrimonial home, news by sally

‘Thirty-something lovers Fallon Rogers (barmaid) and Harrison Burns (police constable) didn’t have much money between them. What little they had was Harrison’s – enough for a deposit on a modest house, in fact. Fed up with all the broken boilers and other hassles of renting, Harrison thought it would be an idea for them to look at buying a property. Fallon was unable to obtain financial assistance from any of her cash-strapped family to help her fund any such purchase. But all was not lost….’

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Tanfield Chambers, 20th July 2017

Source: www.tanfieldchambers.co.uk

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

The equity of exoneration reconsidered: Williams v Onyearu [2017] EWCA Civ 268 – Hardwicke Chambers

Posted May 16th, 2017 in appeals, equity, housing, matrimonial home, news by sally

‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’

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Hardwicke Chambers, 9th May 2017

Source: www.hardwicke.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

Divorce settlements open to challenge as lawyers ‘unaware of stamp duty change’ – Daily Telegraph

Posted June 30th, 2016 in appeals, divorce, financial provision, housing, matrimonial home, news, stamp duty by tracey

‘Thousands of divorce settlements could be left open to appeal because the Government’s new stamp duty surcharge is leaving estranged partners unable to buy their own home following a split.’

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Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

Conduct versus Needs – Park Square Barristers

Posted June 2nd, 2016 in divorce, matrimonial home, news, sexual offences by sally

‘Not long ago I was involved in financial relief proceedings involving a couple both of whom were on their second marriage (of some 12 years duration). The wife had children in their twenties from a previous marriage. As usual, the most substantial asset was the Former Matrimonial Home, with a notional net equity of nearly £400,000. This had been purchased with funds mainly, but not quite exclusively, provided by the husband who was retired. Neither party had a high income.’

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Park Square Barristers, 26th May 2016

Source: www.parksquarebarristers.co.uk

Grandmother who lived with partner until his death wins High Court battle after his estranged wife inherited half their home – Independent

‘A grandmother who lived with her partner for almost two decades until his death has won a High Court battle after his estranged wife inherited half their home.’

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Independent, 16 February 2016

Source: www.independent.co.uk

Finance & Divorce Update November 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during October 2015.’

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Family Law Week, 3rd November 2015

Source: www.familylawweek.co.uk

Funding Problems on the Horizon for family lawyers (and their clients) – Family Law Week

Posted August 27th, 2015 in costs, divorce, financial provision, law firms, matrimonial home, news, solicitors by sally

‘Stuart Clark, Associate Solicitor with The International Family Law Group LLP considers the implications of increased use of s.37 MCA 1973 in setting aside payments on account of costs in financial remedies cases.’

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Family Law Week, 20th August 2015

Source: www.familylawweek.co.uk

Financial Orders – The Sole Trustee Problem – Tanfield Chambers

Posted July 28th, 2015 in divorce, financial provision, matrimonial home, news, trusts by sally

‘When the court makes or approves a financial order, there is often not enough money in the matrimonial pot to house both parties and any children in owner-occupied accommodation. An outright transfer to one of the parties of what may be the only significant asset may be quite unfair to the other party (as in Clutton v Clutton – [1991] 1 All ER 340 (CA)). An immediate sale of the matrimonial home could be futile, in that both parties may have to move into rented accommodation, with geographical consequences including potential disruption to any children’s education. The parties each, of course need to take tax advice to ensure that liabilities for e.g. CGT (upon transfer / sale) and Inheritance Tax (upon creation of the trust and every ten-year anniversary thereof).’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

How ‘get a job’ divorce ruling will change settlements on maintenance payments – Daily Telegraph

Posted February 25th, 2015 in divorce, employment, families, financial provision, matrimonial home, news, women by sally

‘Spouses can no longer expect full financial support from their ex-partners once their children reach age seven. Experts expect a rush to renegotiate.’

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Daily Telegraph, 24th February 2015

Source: www.telegraph.co.uk

Divorce myths to be dispelled – Ministry of Justice

‘Separating couples will be given clear new guidelines setting out what they should expect when property and income is distributed by the courts, Simon Hughes has announced.’

Full press release

Ministry of Justice, 17th April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Ex-wife of RAF officer fights MoD eviction order in court – Daily Telegraph

“The former wife of an RAF squadron leader is taking on the Ministry of Defence in a High Court test case, claiming that a move to evict her — after her husband walked out — violates her human rights.”

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Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Divorcing a bankrupt, Part II: where insolvency law meets financial remedies – Family Law Week

Posted July 3rd, 2013 in bankruptcy, divorce, financial provision, matrimonial home, news, pensions by sally

“Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order.”

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Family Law Week, 28th June 2013

Source: www.familylawweek.co.uk

A matter of trust… New Law Journal

Posted June 28th, 2013 in company law, financial provision, matrimonial home, news, Supreme Court, trusts by tracey

“To widespread surprise, the Supreme Court allowed the wife’s appeal in Prest v Petrodel Resources [2013] UKSC 34, [2013] All ER (D) 90 (Jun) although on a different basis from the decision of Mr Justice Moylan at first instance. For those law “nerds” amongst us, the new Supreme Court live feed added an extra frisson, with social media abuzz with speculation as to what it might mean that Lord Sumption was to give the lead judgment. It quickly became clear that this may be a red herring (for Lady Hale to give the lead judgment would have been too obvious a clue). However, a more detailed consideration of the judgment may lead us to conclude that Lord Sumption was a clue indeed and that the corporate veil has survived fully intact, albeit it with the Supreme Court wedging open some doors for family lawyers on the issues of trusts and inferences to be drawn from both pre- and post-litigation behaviour.”

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New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

Prest v Prest and others – WLR Daily

Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237

“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ‘pierce the corporate veil’ but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Prest v Petrodel Resources Limited 2013 UKSC 34 a victory for common sense – article by Elizabeth Darlington – Zenith Chambers

“In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband. The assets therefore constitute property to which the husband is ‘entitled, either in possession or reversion’ for the purposes of section 24(1)(a) MCA.”

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Zenith Chambers, 12th June 2013

Source: www.zenithchambers.co.uk