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Divorce & Separation

12 February 2013

Could a modern redefinition of marriage be the key to divorce reform?

Marriage has been at the top of the news agenda these past few weeks.  Are the headlines surrounding the House of Commons vote on gay marriage and the report from the Marriage Foundation – What is the Divorce Rate? making us look at what marriage now means?

Jane Keir

7 February 2013

Rabbinical family arbitration given the High Court’s seal of approval

In February 2010, The Honourable Mr Justice Baker was presented with a draft order from the legal teams of a divorcing orthodox Jewish couple in the case of AI v MT. The couple disagreed about the division of finances, issues regarding their two young children and the Get (the religious recognition of the divorce which the husband gives to the wife). After many months of litigation and negotiations they agreed to refer their disputes for determination by the New York Beth Din (the Jewish religious Court) and they invited the approval of Mr Justice Baker in doing so. 

Abby Buckland

23 January 2013

Husband jailed for not disclosing his assets in divorce case

The divorce case of Young v Young has been rumbling through the courts for four years. It got going just as the financial crisis took hold in 2008/2009.  Scot Young, in sunnier times, was supposed to have been worth £400 million. The couple had children together, and Michelle Young is seeking a full payout on divorce.

22 November 2012

Inherited wealth in big divorces remains unresolved

The recent case of Davies v Davies has been widely reported in the press as “the end of multi-million payouts for wives”. It isn’t the end. Separating wives and their lawyers can sleep at night. More importantly the case shows just how hard the courts are finding it to establish new law on inherited wealth, or pre-marital business assets which one party brought into the marriage.

8 November 2012

Is it two nil to the non discloser?

The recent Court of Appeal decision of Petrodel Resources Limited v Prest [2012] has (once again) caused a ripple of shock amongst family lawyers, and it highlights the conflict between the differing approach of Judges in the Family Division and those in the Chancery Division.  The Court of Appeal, by a majority of 2 to 1, overturned an Order for the transfer to the wife of various properties owned by corporate entities which were owned and controlled by the husband.

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