Matrimonial Finance

Schedule 1 - Gareth Schofield, Clarke Willmott (Matrimonial Finance, London, 08.03.16) When your client is co-habiting and children are involved, what is the value of issuing a Schedule 1 application to run concurrently with a claim under TOLATA?

• Date Uploaded: 23 Aug 2016
• Format: PDF
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Revisiting Agreements - Richard Anelay QC , 1 King's Bench Walk (Matrimonial Finance, London, 08.03.16) Practically, if you can prove dishonesty or material non-disclosure, how do you go about reopening the agreements reached during divorce proceedings? Do you appeal, make a fresh application or use another route (and if so which)?

• Date Uploaded: 23 Aug 2016
• Format: PDF
• Size: 208.123 KB

Post-Separation Accrual - Susan Jacklin QC, 1 Garden Court (Matrimonial Finance, London, 08.03.16) When is a client able to benefit from a post-separation accrual of wealth, e.g. bonuses, the increase in share value of companies, development work on a property etc?

• Date Uploaded: 23 Aug 2016
• Format: PDF
• Size: 313.658 KB

Non-Disclosure and Dishonesty - Sally Harrison QC, St Johns Building (Matrimonial Finance, London, 08.03.16) How do you prove material non-disclosure and/or dishonesty - bearing in mind the restrictions placed on you when handling documents belonging to the other party? Is there a conflict between Sharland and Gohil and Immerman?

• Date Uploaded: 23 Aug 2016
• Format: PDF
• Size: 438.032 KB

Needs and Fairness - Leslie Samuels QC, Pump Court Chambers (Matrimonial Finance, London, 08.03.16) How is the court assessing "needs" and "fairness" in the context of marital breakup? When will it depart from the equality principle? Is "stellar contribution" now outmoded and unarguable?

• Date Uploaded: 23 Aug 2016
• Format: PDF
• Size: 918.261 KB

Difficult Enforcements - Charles Hale QC, 4 Paper Buildings (Matrimonial Finance, London, 08.03.16) How do you protect a client who is faced with a spouse who is (1) not employed by a UK company; 2) intending to take citizenship of his/her current partner's home country; or 3) intending to walk away and allow the FMH to be repossessed by the lender? What can the court order and what is the method and mechanism of enforcement - especially if the client has little income and capital?

• Date Uploaded: 23 Aug 2016
• Format: PDF
• Size: 740.373 KB