Blog
The Olympic Games: Swift justice through the CAS Ad Hoc Division
Tim Lowles
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?
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.
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.
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.
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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