February 22nd, 2012
The Law Commission is to review two aspects of matrimonial finance law that entitles married couples and civil partners to claim financial provision from one another on divorce or dissolution of their civil partnership.
The Law Commission will examine the extent to which one party should be required to meet the other’s needs after the relationship has ended. It will also consider how what is known as “non-matrimonial property” should be treated on divorce or dissolution. Non matrimonial property refers to assets acquired by either party before the marriage or civil partnership, or received by gift or inheritance.
The Commission will not, however, be conducting a full-scale review of the matrimonial finance law. The aim of the review is to provide clarification and more certainty on those two areas law which have been the subject of extensive case law.
The Law commission will publish a consultation paper dealing with these issues later this year and a final report during 2013.
If you would like further advice in connection with the matters raised in this article then please contact Miss Vincent in our family department on 01926 422 101.
January 3rd, 2012
24.11.11
The litigation department were recently successful in securing the future needs of a claimant, who sadly suffered significant injuries in a road traffic collision.
The Claimant was a …
Read More
November 24th, 2011
This related to an Appeal heard by the Supreme Court (the highest court in England and Wales). The Supreme Court reviewed the correct approach to calculating beneficial interests in …
Read More
November 23rd, 2011
The main issue in this case was whether a French marriage contract (a pre-nuptial agreement) should be upheld.
Facts
Both parties were French. The wife was 50 and the …
Read More
October 31st, 2011
The question of how a lottery win is dealt with by the courts in the context of divorce has recently been considered by the High Court in the case …
Read More
September 27th, 2011
The Law Commission has responded to the written ministerial statement issued by the Ministry of Justice stating that it does not intend to take forward the Law Commission’s recommendations …
Read More
July 21st, 2011
Until recently where a married couple was separating, if one spouse obtained information or documents belonging to the other, rules established in the case of Hildebrand (1992) provided that …
Read More
June 10th, 2011
This was a Husband’s appeal in ancillary relief proceedings focusing on the treatment of trust assets. The Court of Appeal determined that as the Husband clearly had access to …
Read More
May 4th, 2011
The new Family Procedure Rules 2010 (“FPR”) came into effect on 6th April 2011. They consolidate the existing different set of rules and provide a single set of rules …
Read More
March 25th, 2011
Former co-habitees Leonard Kernott and Patricia Jones took their legal battle to The Court of Appeal and the Court of Appeal handed down its decision on 26th May 2010. …
Read More
March 21st, 2011
The firm is pleased to announce that Janine Thomson, Assistant to Séverine Vincent (Associate Solicitor) in our Family Department, has successfully completed the Family Law Assistant Certificate offered by …
Read More
March 21st, 2011
The Law Commission has published its long-awaited consultation paper “Marital Property Agreements” on the future of pre-nuptial agreements. Responses are sought by the 11 April 2011. The Law Commission …
Read More
March 21st, 2011
Background:
When letting out a residential property on which there is a mortgage, a landlord should first obtain the consent of their mortgage lender. Tenants of landlords who have …
Read More
March 21st, 2011
HIPs – The Current Position
In an attempt to reduce the cost of moving house, on 21st May 2010 the duty to supply a Home Information Pack when selling …
Read More
February 11th, 2011
Severine recently acted on a defended divorce which went all the way to a 2 day final contested hearing. Severine was instructed by the Petitioner husband in this matter, …
Read More
February 11th, 2011
Janine Thomson, assistant to Séverine Vincent (Associate Solicitor) is the third person in the country to be awarded with the Family Law Assistant Certificate by Resolution.
Whilst working full …
Read More
February 11th, 2011
Severine recently acted on an injunction case where she represented the Defendant father. The matter was heard in the Birmingham High Court by one of the most senior family …
Read More
February 11th, 2011
MacLeod v MacLeod [2008] UKPC 64
This was a Privy Councili decision handed down on 18 December 2008 which addressed the question of enforceability of pre-nuptial and post-nuptial agreements. …
Read More
February 11th, 2011
Radmacher v Granatino [2009] EWCA Civ 649
This was an Appeal by a wife (one of Germany’s richest woman said to be worth £100 million) against an award in …
Read More
February 11th, 2011
Rachmacher –v- Gratino [2010]UKSC42 – The Supreme Court upholds the Court of Appeal decision – 20th October 2010
The Supreme Court found in favour of the wife and held …
Read More
February 9th, 2011
The Ministry of Justice Reforms have resulted in a new process for dealing with road traffic accident claims valued at between £1,000.00 and £10,000.00.
The claims are now submitted …
Read More
February 9th, 2011
The firm has been successful in obtaining damages for our client K who was involved in a road traffic accident and received a settlement of £5,900.00 from her husband’s …
Read More
February 9th, 2011
Our specialist personal injury team was successful in recovering the sum of £60,000 for our client C who was a rear seat passenger in a vehicle was driven negligently …
Read More
February 9th, 2011
It is reported that CIRENCESTER lottery millionaire Nigel Page has agreed to give a share of his £56 euromillons lottery winnings to his ex-wife. Mr Page’s ex-wife, Wendy, 43, …
Read More
February 8th, 2011
Our specialist personal injury team have recovered damages for our client G.A. in the sum of £33,450.00 in respect of an accident at work during the course of his …
Read More
|
|
