Valuation and Treatment of Business Interests on Divorce in England and Australia

The definition of ‘value’ is the present value of expected future net economic benefits to be generated by an asset. This definition alone gives an indication as to the complexities in arriving at a reasonable value of an asset. The complexities when seeking to determine the value of an asset where there is no sale/purchase negotiation underway increase exponentially.

• Journal

• SeparateSpace
• Tech Corner
• Access to Justice
• AI
• Legal Tech
• Innovation

• Michael Allum
• Jacqueline Woods

!22/11/2024 06:00

Hemain Injunctions: How to Get Them and When not to Resist Them

A Hemain injunction application is typically made in the context of jurisdiction and/or forum non-conveniens proceedings. It is designed to restrain the respondent from progressing their rival overseas divorce petition pending the English court’s decision whether to dismiss or stay the English petition.

• Journal

• Injunctions
• divorce
• Jurisdiction
• Forum Non-Conveniens
• Suit
• Hemain
• International Family Law

• Lily Mottahedan

!22/11/2024 06:00

Chair's Column (Winter 2024)

For more than three decades the Duxbury tables have held a strong position in the determination of outcomes in financial remedies cases involving the capitalisation of maintenance obligations…

• Journal

• HHJ Edward Hess | Chair of the Editorial Board

!22/11/2024 06:00

The Summary of the Summaries (Winter 2024)

Summaries, beginning with TY v XA [2024] EWFC 96, where Moor J reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III MFPA 1984, which should from now on be on notice. The test is as set out at the 1984 Act, s 13.

• Journal

• Liam Kelly

!22/11/2024 06:00

Tech Corner: Separate Space – How Tech can be Leveraged to Bridge the Access to Justice Gap

In this article, Victoria Nottage and Amanda Bell argue that not only will technology bring positive changes to the ways that lawyers provide services to their clients, it also presents exciting opportunities to bridge the long-standing gap in access to justice.

• Journal

• Business
• Companies
• Business Assets
• Business Valuation

• Amanda Bell
• Victoria Nottage

!22/11/2024 06:00

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice

There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies.

• Blog
• Journal

• divorce

• Professor David Hodson OBE KC(Hons) MCIArb

!07/10/2024 22:10

Is the Current Approach to ‘Conduct’ in Financial Remedy Proceedings in Need of Reform?

The significance and role of marital misconduct in proceedings for financial relief on divorce has had a long and varied history in family law. This article explores that history and the evolving significance of conduct within the litigation process and poses the question whether the current approach to conduct under s 25(2)(g) Matrimonial Causes Act 1973 is in need of reassessment.

• Journal

• Conduct

• Femi Ogunlende

!04/10/2024 08:00

Non-Court Dispute Resolution and the New Protocol – Don’t Look a Gift Horse in the Mouth…

Whilst there are a multitude of options available to separating families – both in terms of finding outcomes but also support along the way – too often the last resort when the going gets tough has continued to be a court process. The new protocol is exactly what was needed to force a change of direction.

• Journal

• NCDR

• Katharine Landells

!27/09/2024 08:00

As the English Family Court Grapples with a New Direction of Travel for Non-Court Dispute Resolution, What Are the Likely Impacts of Recent Changes and Are We at Risk of Putting the Cart before the Horse?

Over recent years, there have been an increasing number of public consultations and reports considering how to support the earlier resolution of civil disputes, both within the Family Courts and across other areas of practice. A key driver behind the perceived need for additional focus on this area is the overwhelming backlog of cases within the court system.

• Journal

• NCDR

• Alex Brereton
• Polly Atkins
• Eri Horrocks

!27/09/2024 08:00