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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
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.
Christos Malialis and Elizabeth Malialis, both 59, were married for 34 years and have 2 grown up children. As a fully contributing husband and father in a long, financially comfortable marriage, Mr Malialis can be forgiven for expecting that the division of assets would be deliberated with an intention that both parties’ reasonable needs were met.
At the end of June, Katie Holmes filed for a divorce from her husband of 5 years, Tom Cruise. Now, less than two weeks later, a settlement has been reached and a joint statement released confirming the pairs’ commitment to working together for the sake of their daughter, Suri.
In a report published by The Telegraph this week, the High Court has awarded a wife, after 25 years of marriage, only £4.3million pounds in a divorce where the total wealth was between £21million and £24million. The reason given for this unequal sharing of wealth was that much of the Husband’s wealth had been inherited from his family and so the court felt it should remain with him.
The story that Patricia Kluge, who was once known as “the wealthiest divorcee in history”, has declared herself bankrupt has underlined the importance of receiving joined up legal and financial advice not only upon divorce but also on an ongoing basis.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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