Recorder Rhys Taylor. Modest asset needs case. Issues in the case: add-back, adverse inference, beneficial interests, dishonesty, family loans and resources, nature of business assets (income vs capital resource), non-disclosure, presumption of advancement, treatment of debts, and witness credibility.
This article addresses ‘Hadkinson’ orders, in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability.
!17/04/2024 10:22
Divorce law, in principle at least, seems pretty sensible. You keep what you brought into the marriage and share what you gained. So why shouldn’t the same or similar rights and responsibilities apply to cohabiting couples who have shared a life together?
!13/03/2024 07:00
Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.
As helpfully summarised by Calum Smith on the FRJ website Mostyn J’s judgment in James v Seymour [2023] EWHC 844 (Fam) 675 included a renewed attempt to tackle how Child Maintenance should be calculated, effectively refining the methodology first se…
!29/05/2023 08:00
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