This judgment is significant in the law of financial remedy proceedings as it undertakes a thorough analysis of the precedent establishing the sharing principle and reinforces that this principle underpins the law when considering the division of a marital assets. However, the most significant impact of this decision is that the Court of Appeal has […]
Aiming for a better outcome in a Divorce?
Reaching the financial settlement stage can be a bit of a relief to divorcing couples. There is light at the end of the tunnel and thoughts of the future can begin again. However, here are some tips on “helping” (if that is the correct term) you achieve a better outcome during divorce: Options? Court may […]
5 Common questions about divorce
Cost of a divorce and who pays? The costs of divorce can vary depending on a number of factors. We do offer a fixed fee scheme you can find details on this here. If the divorce is due to a number of differing factors including adultery, dissertation etc. (grounds for divorce)then you can ask the […]
Equality?
The term equal distribution of assets in the financial proceedings of a divorce is easy to understand. Does this principle apply however when the parties have made an unequal financial contributions to the marriage? Prior to the case of White v White, if, for example a man makes more of a financial contribution to the […]
Final Part on Spousal Maintenance
Below details the final part on out lates blog posts on a recent ruling Calculating the term of a maintenance award The starting point in considering the term of spousal maintenance is the Matrimonial Causes Act 1973, Ss.25A. The court should aim to impose a clean break as soon as it is just and reasonable […]
Spousal Maintenance cont.
The Quantum of a maintenance assessment The judge emphasised that the standard of living during the marriage is relevant to the amount of spousal maintenance, but it should not be the “lodestar”. Rather, he suggests that the court should look prospectively towards both parties’ eventual transition to financial independence and not allow itself to be […]
Spousal Maintenance
The issue of spousal maintenance has recently been very much in the news. The most recent case on this subject is one known as ‘SS v NS (Spousal Maintenance) (2014)’ where our leading family judge made comment on the guidelines to follow when considering this. The principles underlying the award of spousal maintenance The judge […]