Journal
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Non-Matrimonial Property – Valuing the Family Business
“Marriage, it is often said, is a partnership of equals. The parties commit themselves to sharing their lives. They live and work together. When their partnership ends each is entitled to an equal share of the assets of the partnership, unles…
- Journal
- Matrimonial and Non-Matrimonial Property
!01/04/2022 06:54
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A Beginner's Guide to Deferred Compensation (and Other Forms of Remuneration)
IntroductionFor most people earned income means periodic salary payments, received net of tax, from an employer. However, for a comparatively small cohort of people, earned ‘income’ can look a lot more complicated and uncertain. It might take…
- Journal
!01/04/2022 06:49
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The Origins of the Financial Remedies Court – an Insider's View, Part 1
The introduction of the Financial Remedies Court (FRC), which has just come of age, marks an important milestone in the development of the family justice system. The story of how this came about requires to be recorded before it all recedes into half-reme…
- Journal
!01/04/2022 06:41
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The Galbraith Tables: a New Chapter for Pension Offsetting on Divorce?
Purpose of this articleThis article discusses how the thinking on the remedy of offsetting of pension rights has emerged over time, and introduces the ‘Galbraith Tables’, being the authors’ attempt to produce transparent and accessible p…
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- Pensions on Divorce
!01/04/2022 06:26
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Part III: Reflections on the 40th Anniversary of the Law Commission's Recommendations
‘As we approach the 40th anniversary of the 1984 Act, the complexities and challenges to which I have referred would suggest that this is an area which could well benefit from consideration by the Law Commission.’Potanina v Potanin [2021] EWCA…
- Journal
- divorce
!01/04/2022 06:24
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Whose Fault Is It Anyway?
Will the introduction of "no fault" divorce herald greater reliance on conduct in financial remedy proceedings?
- Journal
- divorce
!01/04/2022 06:19
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BT v CU [2021] EWFC 87: Barder, Thwaite, Drafting Lump Sums and Anonymisation
Sometimes in law, as in life, things do not turn out expectedly.BT v CU was intended to be a test case for whether COVID was capable of being a Barder event. H’s argument was that the pandemic was ‘unforeseen and unforeseeable’, outside…
- Journal
- Setting Aside Orders (Including Barder Applications)
!01/04/2022 06:14
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T v T (Variation of Pension Sharing Order and Underfunded Schemes) [2021] EWFC B67
HHJ Edward Hess’s judgment in the case of Mr T and Mrs T is without doubt the most complex and detailed pension sharing judgment ever handed down by the courts in England and Wales. It has more twists and turns than a John le Carré novel and,…
- Journal
- Pensions on Divorce
!01/04/2022 06:10
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Principal Private Residence Relief on Divorce
When individuals stop living in the matrimonial home they are often likely to face a capital gains tax charge when the property is sold or transferred.Any individuals that have lived in a property as their main home are entitled to Principal Private Resid…
- Journal
!01/04/2022 06:07
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Criminal Confiscation, Trusts of Land and Financial Remedies
BackgroundConvicted criminals may find themselves subject to confiscation applications and orders. These might be accompanied by a trust of land or financial remedy application, by a (perhaps not so) innocent applicant. How do confiscation proceedings wor…
- Journal
- Criminal Confiscation and Restraint Orders
!01/04/2022 06:04