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Articles and Case Reports
The High Court last week dismissed a post-nuptial agreement on the basis that it was ‘grossly unfair’. The case of Kremen v Agrest involved an agreement signed by the Ms Kremen and her Russian financier husband some 10 years into their...
In the case of Jones and Jones [2011] the Court had to consider the wife’s claim against her husband’s company which he brought into the marriage and which increased in value following the parties’ separation. The case concerned a 10 year...
In the case of Stefanou and Gordon the parties were married for 20 years before separating. There was a further 10 year separation before the financial matters came before the courts relating to the parties divorce. Three years after separation the...
The widely reported case of Jones and Kernott has caused a stir in the family law world. There is no question that by and large, it is a welcome decision, as it acknowledges the need for the application of fairness in matters relating to cohabiting...
The Court has this month upheld a French prenuptial agreement in the case of Z and Z. The parties were French. The wife was aged 50, the husband 53. They were married for 14 years with 4 years cohabitation outside the marriage. There...
The Supreme Court last week allowed the appeal in Jones and Kernott which dealt with the correct approach to calculating the beneficial interests held in a property by cohabitants where the legal title to the property is held in joint names that there is no...
The Shared Parenting Bill received its first formal reading on 13 July 2011. It will not be debated until September of this year. Brian Binley, conservative MP for Northampton South who has presented the Bill to Parliament states that the aim of the Bill...
By Melanie Townsend In the recent case of Miller Smith the wife’s legal representatives applied to delay the decree absolute (which dissolves a marriage) on the basis that if the marriage were to end the wife would lose the benefit of the...
By Melanie Townsend The government has just announced that it will be closing 49 county courts (as well as 93 magistrates courts). The government estimates that the tax payer will be saved around £41 million pounds by the court closures as well as a...
By Melanie Townsend From April 2006, a lifetime allowance was introduced providing a limit on the maximum fund that an individual is allowed to hold in their pension scheme without incurring a tax charge. The current lifetime allowance is set at...
The recently reported case of B v B concerned a relationship which lasted 10 years with a 6 year marriage. There were two young children of the marriage. The husband had assets of £6 million, all inherited. The issue before the Court was the extent...
The majority decision in the Supreme Court has recently upheld the Court of Appeal decision that the pre-nuptial agreement in the case of Radmacher v Radmacher should be binding upon the husband. Facts of the case The parties were married in...
Mediation is a way of resolving disputes by discussing the issues with the other party, and with the help of a mediator. The mediator is trained to assist in identifying the issues between parties, and smoothly find a solution. An agreement reached in...
Lord Justice Thorpe has recently produced a paper entitled “Relocation – the Search for Common Principles”. The paper referred to a meeting which Lord Justice Thorpe attended in March 2010 in which 50 judges and experts agreed...
Legal & emotional advice, support and assistance are readily available - read on. Domestic violence and abuse can happen to anyone and is often overlooked, excused, denied or ignored, particularly when the abuse is psychological rather than...
Public sector pension schemes have suspended implementation of pension sharing orders. All public sector pension schemes are currently changing their index linking from the Retail Price Index (RPI) to the Consumer Price Index (CPI) as the CPI is...
In light of the recent decision in Imerman (see our case report ) apparently reversing the Hildebrand rules, what options are available to clients whose spouse upon divorce are attempting to conceal their assets? The orders available are as follows: ...
Since Imerman v Imerman ( click here for our case report) it appears the only safe and legal way to obtain documents would be to obtain a search order. For the purposes of this article, I will use the husband as the person attempting to evade disclosure...
The parties were married in 2001 and had one child from the marriage. Shortly before the marriage, the parties entered into a pre-nuptial agreement. The wife petitioned for a divorce on 31 December 2008. During the marriage, the husband and the wife’s...
Imerman v Imerman ( click here for our case report in this regard) delivered last week changes the rules on what a divorcing spouse is allowed to do in terms of obtaining copies of documents held either on a computer or in paper form. Previously, the use of...
The recent case of W v W [2010] 2FLR (forthcoming) involved a marriage of 5 years with one child of that marriage. The husband, who was a solicitor, started a company during the relationship. In 2004, the Consent Order provided for the wife to receive our...
When a relationship breaks down, not only is it difficult for the parents, it is also very difficult for the children. The children’s family, and therefore their core stability, is shaken. Parents unlike their children are often able to rationalise and...
