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...
It is not uncommon that one spouse will seek a share of the other spouse’s business assets on divorce. But this raises at least two questions: how do you go about valuing the share, and how can the share be realised, given in particular that an immediate sale of the...
It is not unusual that a party to a financial remedy application on divorce may claim that the other party has purposely dissipated assets, with the aim of reducing the amount that the party making the claim will receive. If such a claim is successful it will be taken...
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...