News

January 30, 2015

How Best to Present Your...

McCARTNEY (MILLS) –v- McCARTNEY – A WATERSHED CASE? As Paul McCartney’s solicitor, Fiona Shackleton will testify, we matrimonial lawyers need to have a thick (and impermeable) skin sometimes. Nevertheless, Ms Shackleton will have now doubt taken comfort and satisfaction from the fact that she was instrumental in helping her client to resist Ms Mills’ varied

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January 30, 2015

Bankruptcy and its Effect...

BANKRUPTCY – FAMILY LAWYERS BREATHE A SIGH OF RELIEF Regular readers will recall the report of the case of Hill and Another -v- Haines referred to in Newsletter 7. In matrimonial financial proceedings in 2003, the Court made an Order which transferred all of the husband’s interest in the matrimonial home to the wife. Two

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January 30, 2015

Pre-Nuptial Agreements and...

THE DOOR CREAKS OPEN SLOWLY For many years, the English Judiciary have been resistant to the concept of Pre Nuptual Agreements. These consist of agreements made between a man and a woman who are contemplating marriage. Their purpose is to anticipate and regulate the outcome of their financial arrangements in the event that the subsequent

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January 30, 2015

Children, Domestic Violence...

Autumn Snapshots Children In re B a husband tried to argue that his contact should be increased. The mother said that this was purely because he wanted to reduce his child support payments. The father made cross-allegations against the mother. The Court said it was not only inappropriate to make a Contact Order having regard

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January 30, 2015

The Rights of a Cohabitee

YOU THOUGHT YOU HAD AN INTEREST, BUT YOU DON’T Consequent upon a number of Court of Appeal and House of Lords decisions recently, it has become even more difficult to advise with any degree of certainty in high value financial cases following divorce. Now the House of Lords had dispensed its wisdom in the cohabitation

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January 30, 2015

Three Recent Cases Have Sent...

BANKRUPTCY ALERT Three recent cases have sent tremors (and in the case of Hill and another –v- Haines) shockwaves through the family lawyers’ fraternity. First there was Nicholls –v- Lan where Paul Morgan QC sitting as a Deputy High Court Judge rejected Mrs Nicholls’ arguments that to order sale of the former matrimonial home which

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January 30, 2015

Trust Funds & Lump Sum...

All marriages are equal – but some are more equal than others The latest episode of the long running saga of Charman v Charman recently once again hit the headlines when the Court of Appeal rejected Mr Charman’s appeal against the decision of Mr Justice Coleridge and confirmed an award of £48 million to Mrs

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January 30, 2015

Disclosure of Financial...

DISCLOSURE OF A NON-PARTY’S FINANCES Since the inception of the European Convention on Human Rights, there has been uncertainty about the obligations upon a new partner of a party who is involved in matrimonial financial litigation, to disclose information about their finances. The Form E requests that very brief details of their income and capital

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January 30, 2015

The Valuation of Private...

VALUING MINORITY INTEREST IN PRIVATE LIMITED COMPANIES A lot of time and money has been expended over the years to address the very thorny subject of valuing minority interests in private limited companies. Reports prepared by Forensic Accountants can cost several thousand pounds and yet two or more valuations of the same company can produce

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January 30, 2015

Child’s Surnames and...

WHAT’S IN A NAME? Over the last 10 – 15 years, there has been a dramatic change in the way that the Courts look at applications for change of a child’s surname. Such applications became quite common consequent upon the breakdown of one relationship and the formation of another. Some years ago, when such matters

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January 30, 2015

The Extent of the Court’s...

Financial Provision Hot on the heels of the cases of Miller and McFarlane is the tabloid’s favourite, Charman v Charman which created excitement in the national press because Mrs Charman received a settlement of £48,000,000, the highest ever awarded in an English Court. Mr Charman made it very clear that he was not pleased with

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January 30, 2015

Clean Breaks and Cohabitation...

Recent Developments in Family Law Financial Disputes 1. In the recent case of Miller v Miller the House of Lords unanimously decided that the previous approach in short marriages of trying to put the parties into much the same position as they had been in prior to the marriage, was wrong. Now, even where the

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