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familylaw
20
Jul
2023
Do Stellar Financial Contributions Displace the Equality Principle in Divorce?
Written by
Teresa Mannion
In the event of divorce, successful businesspeople are inclined to argue that their stellar financial contributions should be reflected in an unequal division of assets. As a High Court ruling showed, however, such contentions very rarely succeed in...
06
Jun
2023
Divorce – Serious Wrongdoing Can Affect Financial Awards
Written by
Teresa Mannion
When it comes to dealing with the financial aspects of divorce, the question of where blame lies for marital breakdown is, from a judicial point of view, very often neither here nor there. However, as one case showed, there are occasions when a...
04
Apr
2023
Ex-Couple Spend Over £5 Million Litigating About Their Child
Written by
Teresa Mannion
Disputes between separated couples as to how their children should be provided for can, in the absence of compromise, sadly reach epic proportions. That was certainly so in one extraordinary case in which a couple spent over £5 million between them...
18
Jan
2023
Legal or Beneficial Ownership? The Issue Arises in Divorce Case
Written by
Jayne Gregg
Almost the first thing a budding lawyer learns is the difference between legal and beneficial ownership of property. As a family judge's ruling in a big money divorce case showed, it is a distinction that could hardly be more important. The case...
05
Jan
2023
High Court Gives Effect to French Marriage Contract in Big Money Divorce
Written by
Gemma Whitchurch
When spouses each make valuable contributions to a long marriage, the general rule is that marital assets should be divided equally in the event of divorce. As an unusual High Court ruling concerning the validity of a French marriage contract showed...
05
Dec
2022
Domicile and Habitual Residence – Do You Understand the Difference?
Written by
Teresa Mannion
The concepts of domicile and habitual residence are of fundamental importance to many areas of the law and should never be confused. The distinction between them was made plain by a case in which a British couple were required to proceed with their...
26
Jul
2022
Intransigence in Divorce Proceedings Can Come at a Crushing Price
Written by
Claire Sargant
In divorce proceedings, those who make overly ambitious financial claims or fail to enter into reasonable negotiations are highly likely to end up worse off. The point was powerfully made by a case in which a bitterly opposed former couple ran up...
19
Jul
2022
Fathers Should Pay Towards Their Children's Upbringing – But How Much?
Written by
Jayne Gregg
It is obviously right that fathers should pick up a fair share of the tab for raising their offspring, but exactly how deep into their pockets should they be made to dig? The High Court tackled that issue in considering whether a wealthy father...
20
May
2022
High Court Analyses Post-Nuptial Agreement in Guideline Divorce Ruling
Written by
Mauro Vinti
Pre- and post-nuptial agreements that do not fairly meet the reasonable needs of one divorcing party or the other are unlikely to be worth the paper they are written on. The High Court made that point in refusing to hold a wife to the...
25
Apr
2022
Family Judge Labours to Achieve Fairness Between Debt-Laden Divorcees
Written by
Gemma Whitchurch
So-called 'big money' divorces may grab the headlines, but lower-value disputes can often be the hardest to resolve. In a case on point, a family judge laboured to meet the reasonable needs of a divorcing couple whose debts far exceeded their modest...
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