News & Publications: Family

Pensions on Divorce: some guidance WvH (Divorce Financial Remedies) (2020) EWFC B10

April 29th, 2020

In financial matters on divorce pensions are often important, sometimes critically so, but reported cases are very rare.  The publication of this recent case, decided on 24 February 2020, is helpful even though it was heard at Swindon Family Court and not in the High Court. The trial Judge, His Honour Judge Hess, is the […]

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Valuing private companies on divorce

January 30th, 2020

In this case the Court of Appeal considered how to treat business assets on divorce. The sharing principle was applied which is, in essence, the equal division of matrimonial assets. The case was reported in the tabloids partly because of the sums involved and with the wife depicted as an “ex-factory girl” who had managed […]

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Divorce Case Law Update

January 7th, 2019

VW v BH (contested divorce proceedings)(2018) EWFC B68. Divorce is a difficult and stressful process.  Divorce trials are thankfully rare; there are only about twenty divorce trials a year from an average 101,669 divorces (2017 figures).  The trial Judge said this case, VW v BH, was extraordinary and she was right. It was a long […]

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Divorce procedure update

November 7th, 2016

Thum v Thum (2016) EWHC 2634 (Fam) On 21st October Mr Justice Mostyn, at the Family Division of the High Court, considered whether a wife had unreasonably delayed serving her divorce petition on her husband. The husband claimed that his wife had done so with the aim of achieving a tactical advantage. Why so? The […]

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Fraud unravels all – a comment on the decisions by the Supreme Court in Sharland and Gohil

October 16th, 2015

Beware! The Courts are now clamping down on those who give fraudulent or dishonest evidence or non-disclosure on a financial settlement between parties in divorce. The Supreme Court gave two judgements on the 14th October 2015 about re-opening divorce settlements on the grounds of fraudulent non-disclosure. The two cases involved the husbands supplying information that […]

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Another unmarried couple in the Court of Appeal

June 21st, 2015

O’Kelly v Davies (2014) EVCA Civ 1606 This case concerned a property in Sketty Swansea owned in the sole name of Ms O’Kelly. Her former partner, Mr Davies, applied to the court for a declaration that he had an equal share in the property. He did not ask for the sale of the property because […]

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The Bats of Law: Unmarried couples and property ownership

April 17th, 2015

Unmarried couples who own their own home and split up face real difficulty in determining their shares in their property where they do not agree. The couple do not have the same legal statutory rights as a divorcing couple. It is important to remember that there is no legal concept of common law wife or, […]

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New wind in old sails

March 28th, 2015

Wyatt v Vince [2015] UKSC 14 On 11 March 2015, the Supreme Court published its decision in the case of Wyatt v Vince, which has received very wide publicity. This interest was sparked partly because this couple divorced more than 22 years ago – the final divorce decree was granted on 26.10.92 – and partly […]

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Matrimonial assets and ownership issues with third parties

February 13th, 2015

At the point of divorce or separation a division of assets takes place, often involving an intricate task of assessing entitlement based on past contributions and an understanding of each party’s future needs. This task is made that much more complicated when some or all of the assets are held not just by the husband […]

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