maintenance

Uncertainty of spousal maintenance continues

The Supreme Court has confirmed that it had refused permission to appeal in Waggott v Waggott because the wife’s challenge to the appeal court’s decision to end periodical payments from her ex-husband did not raise an arguable point of law. The decision means those proceeding through divorce will have to wait for further clarification on the issue of spousal maintenance. …

agreement

Terms of pre-nuptial agreement considered unfair

Anita Bräck, former wife of McLaren F1 test driver, Kenny Bräck, has succeeded in her appeal against the terms of the financial settlement to the parties’ pre-nuptial agreement. The retired racing driver sought to rely on the terms of the document prepared in 2000, following the parties’ separation in 2015. The racing driver and his bride-to-be to signed the pre-nuptial agreement when …

Northampton

Northampton becomes part of Family Court pilot scheme

The Family Court at Northampton is soon to join the Financial Remedies Pilot, as part of the court’s strategy to manage court proceedings relating to matrimonial finances. Following further consultation, the current President of the Family Division, Sir Andrew McFarlane, announced that the regional piloting scheme was to be extended to eight new courts, including Northampton. The Financial Remedies Court is …

disclosure

Disclosure refresh – is all the information provided?

To assist in the consideration of negotiation and settlement, the principles of full and frank disclosure are essential to facilitating meaningful discussions. Deriving from common law principles, the duty of financial disclosure is the foundation of financial remedy proceedings. The general rule is that the court makes its decision on the basis of all available relevant evidence. To enable the …

pound

Husband ordered to pay wife’s solicitor if he pays his own

The millionaire husband in a divorce dispute has been ordered not to pay his lawyers a pound without paying a pound to his wife’s solicitors, under a High Court ruling from Mr Justice Holman.  The judge said it was “intolerable and an affront to justice” that the husband had been able to pay tens of thousands of pounds to his new …

cost

Cost of raising children laid bare by children’s charity CPAG

Child Poverty Action Group have released their latest report illustrating the cost of raising a child to the age of 18, based on a “minimum standard of living”. The report can be found here in full. The report works to the definition that the “… minimum standard of living in the United Kingdom today includes, but is more than just, …

enforcement

Enforcement of financial orders in court

The High Court heard the ongoing matter of Russian billionaire, Farkhad Akhmedov, and the enforcement of his 2016 divorce settlement. Mr Akhmedov has not paid his ex-wife any of the £453m he was ordered to pay her, following the breakdown of their marriage. Ms Akhmedov had been provided 41.5% of the matrimonial assets, valued at over £1bn during earlier proceedings. …

deceit

Cohabitee deceived into spending divorce settlement secures damages

In December 2010, a divorce was finalised in relation to Sacher Barker’s marriage, with Ms Barker having secured a financial settlement of £550,000. In 2011, Ms Barker met Richard Winter. Ms Barker claimed that Mr Winter represented to her that he was very wealthy, separated from his wife and in the process of obtaining a divorce himself. Ms Barker said …

vary

Attempts to vary spousal maintenance fail at the Supreme Court

In a pronouncement described by some as ending the “meal ticket for life”, the Supreme Court has ruled that a divorced husband should not have to increase his spousal maintenance payments to his former wife, after she mismanaged her finances post-divorce settlement, rejecting the wife’s application to vary the previously agreed arrangement. The Supreme Court heard that after the parties’ …

settlement

Court reject claim for financial settlement 27 years after separation

In the recently reported case of  A v B (No 2) [2018], the court concluded that a former husband, who brought an application for financial remedy 26 years after the grant of decree nisi, did not merit any financial provision. The parties had met in 1980 and married in 1983, later having two children in 1986 and 1989.  The marriage broke …