Usually the primary issue in most financial remedy cases is how the pot of matrimonial assets should be divided between the parties. But what if, as is not uncommon, one of the parties has dissipated assets, thereby reducing the amount available for division, and...
There is the common misconception, the so-called “myth of common law marriage”, that cohabiting couples have the same or similar legal rights in relation to children, finances and property as if they were married. By way of example, in Burns v Burns [1984] Ch 317 the...
Judgments are normally published because there is some aspect of the case that is considered to be of interest to family lawyers and others concerned with family justice. But sometimes a case may be of interest for a number of reasons. And so it was with the judgment...
As any family lawyer will attest, court proceedings can be prohibitively expensive. And this is especially so when it comes to contested financial remedy proceedings on divorce. Of course, if a party has substantial means then the cost of such proceedings may not be...
Before the court can make a financial remedies order on divorce it will obviously first require full details of the financial assets of both parties, so that it can decide upon a fair settlement. The parties are therefore under a duty to make full and frank disclosure...
It is obviously not unusual that one party to a marriage will contribute much more financially to the marriage than the other party. Not unnaturally, that party may believe that that contribution should entitle them to a greater share of the assets on divorce. But the...
