Matrimonial and Non-Matrimonial Property

MCA 1973, s 10(2)–(4): a New Lease of Life?

MCA 1973, s 10(2)–(4): a New Lease of Life?

Before 6 April 2022, this section was rarely encountered in practice. Its purpose, as its headnote indicates, is to offer special protection for respondents. It was not a common feature of the family law landscape simply because its use was restricted to separation cases i.e. two years’ separation and

DE v FE [2022] EWFC 71

Judgment date: 01 July 2022 https://www.bailii.org/ew/cases/EWFC/HCJ/2022/71.html Cohen J. Financial remedies claim. Parties in their forties, three young children, length of marriage c.13 years. Both parties had worked hard in the financial sector. FMH was pre-owned by H. Parties lived

Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53

Judgment date: 13 June 2022 https://www.bailii.org/ew/cases/EWFC/HCJ/2022/53.html Mostyn J. Substantive financial remedies decision accompanying Gallagher v Gallagher (No.1) (Reporting Restrictions) [2022] EWFC 52. Assets £34.5m including value of H’s 50% shareholding in a construction company. The value of

Sharing and the Family Home

Sharing and the Family Home

Historically, a wife’s property was absorbed into that of her husband on marriage, and she was not capable of ownership in her own name thereafter. This situation, after some modest changes in the 1870s, finally changed for good with the Married Women’s Property Act 1882 (MWPA 1882). This

IR v OR [2022] EWFC 20

Judgment date: 29 March 2022 https://www.bailii.org/ew/cases/EWFC/HCJ/2022/20.html Mr Justice Moor. High net worth case, judge found total net assets to be £184.6m. H had spent c.12 years as CEO, and then became Executive Chairman, of his father’s retail

Non-Matrimonial Property – Valuing the Family Business

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, unless there is a good reason to the contrary. Fairness