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Family Law Journal [2017] Fam Law 1196

March 10, 2018

Sharp turn in divorce finance distribution: the cost of principle versus pragmatism

As is well known, a significant number of marriages end in divorce (ONS – 2013 showed 34% of marriages had ended in divorce by the 20th marriage anniversary – albeit the ONS – 2015 found there had been a modest reduction in divorce between opposite couples overall to 101,055 from 111,169 in 2014 – Divorces in England and Wales: 2015, ONS). As such, the risk to married couples of undergoing the trauma and cost of divorce remains significant. A survey undertaken by Resolution in 2014 found 28% of the separated adults taking part had undertaken some form of additional borrowing as a direct result of their relationship break-up (www.resolution.rg.uk/site_content _files/files/reso).

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Indemnities and Consequential Orders – the Avoidance of Sterile and Technical Objections – CH v WH [2017] EWHC 2379: Mostyn J.

March 10, 2018

Introduction:

The courts exercising family jurisdiction have a long tradition of not being constrained by the limits of the specific application placed before the court. A master of the matrimonial law, Lord Justice Ormrod in Ward v Ward & Greene (1980) 1 AER 176 observed, at the end of an appeal in which it had been suggested that the court could not under the (then un-amended) s 24 of the Matrimonial Causes Act 1973 make an order for sale without there also being a pro form summons before the Court under s 17 of the Married Women’s Property Act 1882, as follows:-

‘Before leaving the appeal finally, however, there is one point with which I want to deal… For my part, I have never understood the advantages of multiplying pieces of paper intituled in particular statutes named at the head of the summons.

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Family Law Journal [2017] Fam Law 425

March 10, 2018

Pre-nuptials: The profession’s responsibility

is one of the few senior Circuit specialists outside London with a recognised big money ancillary relief

practice. He is known for his knowledge and ability in this area of the law and his detailed preparation and attention to his brief.
The quality, clarity and cost of pre-nuptial agreements being produced for clients and the varied approaches being adopted to the negotiation process engaged in obtaining the same by some sections of the profession, it is suggested, requires some adjustments to current practice.

INCREASED INTEREST

It remains questionable whether the uptake in instruction in this area of work is truly reflective of a genuine need for such agreements in certain cases and in an increasing minority of cases whether it reflects nothing other than a naked attempt, without legal justification, to control the weaker financial party.

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Short Marriage Assessment of Quotidian Needs – FF v KF [2017] EWHC 1093 (Fam) (Mostyn J)

March 10, 2018

Introduction:

Whilst few of us will have used the adjective ‘quotidian’ this year or, let’s face it, in our lifetime – its’ use within Mostyn J’s recent judgment on appeal immediately in front of ‘needs’ does, at least, make us first check our web dictionaries as to its meaning and then, once hooked, to actually read a highly economic dispatch by His Lordship of the issues in a case which occupied the Manchester Money Judge, HHJ Wallwork, five days of hearing – mostly, according to Mostyn J, in addressing the ‘completely irrelevant’ subject of the level of the parties’ marital acquest, which W claimed was £3m when H had already in an open offer proposed more than half of that amount anyway and when both parties’ open positions ‘were predicated on an assessment of the wife’s needs’ (para 7).

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Pre-nuptials: The profession’s responsibility

June 19, 2017

Ashley Murray is one of the few senior Circuit specialists outside London with a recognised big money ancillary relief practice. He is known for his knowledge and ability in this area of the law and his detailed preparation and attention to his brief.

The quality, clarity and cost of pre-nuptial agreements being produced for clients and the varied approaches being adopted to the negotiation process engaged in obtaining the same by some sections of the profession, it is suggested, requires some adjustments to current practice.

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The Evidential Burden in Judgement Summons Hearings: Migliaccio

August 19, 2016

In my article published in November [2015] Fam Law 1365, ‘Judgment summons: an inadequate remedy – a defaulter’s charter: Prest v Prest‘, I set out an analysis of the Court of Appeal’s decision (McFarlane LJ) in that case (reported at [2016] 1 FLR 773) dealing with, in particular, the required procedure to be followed upon a judgment summons committal hearing. In Prest, a number of previous authorities were considered, including Bhura v Bhura [2012] EWHC 3633 (Fam)[2013] 2 FLR 44 (per Mostyn J) and Mohan v Mohan [2014] 1 FLR 717 (per Thorpe LJ). In Bhura (at para [13] of the judgment) Mostyn J had, within 13 propositions, summarised the legal principles applicable to a hearing for a judgment summons. In the fourth proposition His Lordship stated:

‘It is essential that the applicant adduces sufficient evidence to establish, at least, a case to answer. Generally speaking, this need not be an elaborate exercise. Proof of the order and of non-payment will likely give rise to an inference, which establishes the case to answer.’

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Do’s and Don’ts of Committal Applications

May 25, 2016

In W v H (No 2) (Contempt: Contents of Application Notice) [2015] EWHC 2436 (Fam), [2016] FLR (forthcoming and reported at [2016] Fam Law 288), Parker J considered the procedural requirements of committal applications and the powers of the court to remedy defects (to read more please visit http://www.familylaw.co.uk/news_and_comment/do-s-and-donts-of-committal-applications?platform=hootsuite#.VxiiYDArKhc)

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Interim Power of Sale and Possession: Wicks Revisited – [2016] Fam Law 194

February 23, 2016

Wicks v Wicks [1998] 1 FLR 470 and its determination that there was no effective interim power of sale of the former matrimonial home (FMH) for divorcing parties pending a final hearing has been a source of injustice, mainly for wives, for almost two decades.

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Judgment Summons: An Inadequate Remedy – A Defaulter’s Charter: Prest v Prest

December 6, 2015

Since the decision in Mubarak v Mubarak [2001] 1 FLR 698, the inadequacies of the judgment summons route to enforcement of a ‘money’ order have been well-known to the Profession.

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Mapping out Wanton Behaviour: MAP v MFP

September 11, 2015

The Court of Appeal in Vaughan v Vaughan [2007] EWCA Civ 1085, [2008] 1 FLR 1108, established the current test for reattribution within a divorce financial remedy claim where there has been a wanton dissipation of resources.
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