Assets

ST v AR: The Origin of Assets and the Assessment of Needs

ST v AR: The Origin of Assets and the Assessment of Needs

As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which]

AT v BT: The Return of Compensation

AT v BT: The Return of Compensation

In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this

Limited Assets in Difficult Times

Limited Assets in Difficult Times

You will often hear lawyers and judges commenting on how difficult it is to resolve financial remedy applications where there isn’t a lot of money. Trying to make two homes out of one is sometimes impossible. There are some important things to consider when you are looking at cases

Depletion of Business Profits and Assets During Separation and Divorce Proceedings – Would it Have Happened Anyway?

Depletion of Business Profits and Assets During Separation and Divorce Proceedings – Would it Have Happened Anyway?

Introduction This article is written from the perspective of the business valuation expert. We often see business profits and assets deplete over the period of separation and during divorce proceedings. The question is to what extent this can/could have been controlled by the business owner (and usually shareholder/director