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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

Zenith Chambers, 12th June 2013

Source: www.zenithchambers.co.uk

The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd – 11 Stone Buildings

“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”

Full story (PDF)

11 Stone Buildings, June 2013

Source: www.11sb.com

Stripping Away the Veil of Deceit: Prest v Petrodel – Family Law Week

Posted June 14th, 2013 in company law, divorce, financial provision, matrimonial home, news by sally

“John Wilson QC of 1 Hare Court analyses the Supreme Court’s judgment in the landmark case of Prest v Petrodel and considers its implications for family lawyers.”

Full story

Family Law Week, 14th June 2013

Source: www.familylawweek.com

Prest v Prest: supreme court prepares to rule on landmark divorce wrangle – The Guardian

“Does a one-man company metamorphose into one man simply because the person with a wish to abstract its assets is his wife?”

Full story

The Guardian, 10th June 2013

Source: www.guardian.co.uk

A fair split, or a ‘charter for cheats’? Supreme Court to rule in landmark divorce case – The Independent

“Millionaire businessmen will be able to ‘stick two fingers up’ at judges if the highest court in the land rules against a former wife in a high-profile divorce case this week, her lawyers said yesterday.”

Full story

The Independent, 9th June 2013

Source: www.independent.co.uk

Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil? – Family Law week

Posted February 12th, 2013 in appeals, company law, disclosure, financial provision, matrimonial home, news by tracey

“Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.”

Full story

Family Law Week, 11th February 2013

Source: www.familylawweek.co.uk

Law Commission Consultation on Marital Property : FLBA Response – Family Law Bar Association

Posted January 8th, 2013 in barristers, consultations, Law Commission, matrimonial home, news by sally

“Download the FLBA Response to the Law Commission Consultation on Matrimonial Property, Needs and Agreements.”

Full story

Family Law Bar Association, 7th January 2013

Source: www.flba.co.uk

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

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

Russian businessman Vladimir Slutsker loses legal fight over London house – The Independent

Posted September 18th, 2012 in divorce, matrimonial home, news, trusts by sally

“A ‘very wealthy’ Russian businessman today lost a legal fight with his ex-wife over the ownership of a house in London worth millions of pounds.”

Full story

The Independent, 17th September 2012

Source: www.independent.co.uk

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

“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

“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

Family bar chief calls for divorce law reform – Law Society’s Gazette

Posted June 28th, 2012 in divorce, matrimonial home, news, prenuptial agreements by sally

“Divorce laws should be reformed to provide a default regime for the division of assets when relationships break down, the chief of the family bar has suggested.”

Full story

Law Society’s Gazette, 28th June 2012

Source: www.lawgazette.co.uk