Blog
Supreme Court on Standish gives guidance on what assets should be shared on divorce
The basic aim of the law when sharing assets between the parties on divorce is to achieve fairness. Fairness dictates that only assets that are ‘matrimonial’ in nature should be shared, as it is not considered to be fair to share assets that have no connection to the...
The effect of a costs disparity in a financial remedy case
One would of course normally expect the parties to a financial remedy application on divorce to incur reasonably similar amounts of legal costs, assuming that they are both legally represented. But what if one party incurred significantly more costs than the other?...
Husband severely criticised for his conduct of financial remedies case
It should go without saying that when you are involved in financial remedy proceedings on divorce (or, indeed, in any type of court proceedings) you should comply with all orders and requirements of the court, and generally conduct yourself in an honest and...
Husband awarded more due to uncertain nature of assets
One might imagine that dividing matrimonial assets on divorce involves simply calculating the total value of the assets and deciding how that total should be divided between the parties. However, there can be a problem with such a simplistic approach. Not all assets...
Cohabitation reform now on government agenda
There are some 3.6 million cohabiting couple families in the UK, making up one in five of all families. And yet all of these couples have little or no legal protection if they split up. Worse still, many of them believe that they do have the same protection as married...
Court orders urgent transfer of residence to father in light of mother’s alienating behaviours
When courts make decisions concerning arrangements for children following parental separation, they will obviously do so by reference to what they consider to be best for the welfare of the children. Sometimes this can mean that the court must make a decision...
Report highlights issue of domestic abuse in financial remedy proceedings
It is well understood that domestic abuse can often be an issue in proceedings between parents over arrangements for their children. Indeed, findings of domestic abuse are likely to have a significant bearing upon the outcome of such proceedings.But what of domestic...
Court should determine mother’s abuse allegations before allowing father to have unsupervised contact
It is sadly the case that when one parent applies to the court for a child arrangements order to see their children, the other parent may raise serious allegations of domestic abuse against the applicant parent. The court will of course have to determine the truth of...
How a prenuptial agreement can affect a divorce settlement
In many jurisdictions prenuptial agreements are given contractual status, so that the parties will almost always be held to them. In such circumstances the outcome of the case will obviously usually simply follow the terms of the agreement. But in England and Wales...
Wife not entitled to a pension share in addition to an award to meet her needs
When the court considers a financial settlement on divorce it will take into account all of the circumstances of the case, including the income, property and other financial resources of the parties, the duration of the marriage, and the contributions which each of...