News & Publications: Ray Brownson
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 […]
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 […]
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 […]
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 […]
Tenancy Deposit Scheme: what are the penalties for the landlord if things go wrong?
June 8th, 2015
Okadigbo v Chan (2014) EWHC 4729 (QB) It is common for the landlord to take a dilapidations deposit at the start of a tenancy as a safeguard in case the tenant causes any damage to the property. The Housing Act 2004 introduced regulations which have, since April 2007, required deposits to be placed in approved […]
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, […]
Leave thy lascivious wassails
April 8th, 2015
Anthony & Cleopatra Act I, sc4 Add-backs and the case of MAP v MFP (2015) EWHC 627 (Fam) In February 2015 the High Court heard the wife’s financial remedy claim, the wife having the initials MAP. She was aged 60. Her husband, MFP, was 62. It was a long marriage of forty years until separation […]
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 […]
Employment settlement agreements
March 19th, 2015
Settlement Agreements are written agreements entered into by employers and employees at the end of an employment relationship. Until recently they were known as compromise agreements. They are governed by employment legislation, which has established certain safeguards that must be met for these agreements to be binding. Rights As well as contractual rights relating to […]
Pension sharing on Divorce
May 29th, 2014
Property prices are a national obsession. Pensions are not regarded by the public in the same way, but it can often be the case that one spouse has a pension that has a significant value. The value of a pension fund can equal, and sometimes exceed, the net value of the matrimonial home. Of course […]