All articles by Andrew Newbury – Page 3
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News
Spousal maintenance - part two
In my last article I considered the courts’ approach to the quantum of periodical payments (see [2012] Gazette, 24 May, 16). Recent decisions have seen an increased focus on needs as the prevailing factor when quantifying such payments. In a similar vein, and perhaps reflecting a less generous approach to ...
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News
Spousal maintenance - how much and for how long?
These two questions vex even the most experienced family law practitioners. Disputes over spousal maintenance often preclude an early settlement. Many practitioners have also commented that the approach to an award of spousal maintenance around the country is widely inconsistent, with regional variations being particularly noticeable.
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News
Non-disclosure of assets in divorce proceedings
Is the non-disclosure of assets a common problem within divorce proceedings or not? Is it simply the case that suspicious spouses expect the worst of their soon-to-be former partner? Is it just the case that family lawyers are a cynical bunch? The 2011 Grant Thornton matrimonial ...
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News
Pre-nuptial agreements post-Radmacher
Mr Justice Moor’s decision in Z v Z [2011] EWHC 2878 (Fam) is believed to be the first contested case in the High Court in which the principles of Radmacher have been considered. As Moor J stated in his judgment, Radmacher ‘changed the position fundamentally’ of pre-nuptial agreements and ...
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News
Unless orders - securing a party’s compliance
Unless orders (otherwise known as Hadkinson orders) were established in Hadkinson v Hadkinson [1952] P 285, CA. Although still relatively uncommon, there has been a series of reported cases where the power has been used by the courts over the last few years. It is an approach to be used ...
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News
Divorce and inherited assets
Earlier this year I provided an update regarding the family courts’ treatment of inherited assets upon divorce. Since then, two of the judgments discussed in that article have been subject to Court of Appeal decisions.
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News
Family Procedure Rules
The new Family Procedure Rules come into effect on 6 April. They are a welcome step in consolidating the existing disparate set of rules. They provide a single set of rules for family proceedings whether in the High Court, county courts or magistrates’ courts. No ...
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News
Treatment of inherited assets upon divorce
Ever since the House of Lords decision in White v White [2000] UKHL 54, there has been an ongoing debate among family lawyers regarding the treatment of inherited assets upon divorce. As Lord Nicholls stated in White: ‘The judge should take it into account. He should decide how important it ...
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News
Pre-nups – now worth the paper they're written on
The long-awaited decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 is a significant step in the recognition of pre- and post-nuptial agreements. The starting point is that parties should be held to properly drawn up agreements unless certain circumstances arise.
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News
Improperly obtained documents in divorce proceedings
In light of the Court of Appeal’s decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of improperly obtained documents.
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News
Family law: Barder appeals – recent developments
There has recently been a series of Barder appeals, all based upon a significant change in the value of an asset soon after the final order was made. None of them have succeeded. As Thorpe LJ stated in Myerson v Myerson [2009] EWCA Civ 282, ‘very few successful applications have ...
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