Back to basics with testamentary capacity
The family courts remain open in the midst of this pandemic and as a divorce lawyer, I therefore continue to grapple with the question of how the asset pot should be divided fairly and in accordance with the law when there is so much uncertainty in the global market. Whilst the government recently announced the “re-opening” of the property market, economists and housing experts have differing views on how significant the fall in house prices will be and when the market can be expected to bounce back.
The uncertain financial trajectory as a result of the coronavirus crisis is something that couples going through the divorce process need to consider carefully as it can have an impact on their financial settlements. Pension assets can often get overlooked on divorce generally as they are not viewed in the same way as a cash asset or a property.
Now we have a loose ‘sketch’ of how the country might emerge from lockdown, Cady Pearce considers what divorcing couples should be considering.
The impact of COVID-19 is being felt in many different ways. For those going through a separation or divorce, the pandemic has added a layer of uncertainty and stress to an already difficult process. This is particularly so for those who own a business (or whose spouse does), where the value of their business may have been affected and they are concerned with the impact on a financial settlement. In this blog, we look at the complexities of valuing businesses in divorce proceedings at this unprecedented time and provide some practical considerations.
We recently acted for the successful wife in the case of RC v JC  EWHC 466 (Fam), assisted by Alice Trotter. The case has received a broad spectrum of media attention, and unsurprisingly so. Our client was successful in her claim for “compensation” for what Mr Justice Moor described as her “relationship generated disadvantage”. The principle of compensation first appeared in the family courts in the 2006 judgment of Miller v Miller; McFarlane v McFarlane  UKHL 24. Since then, there have been no reported cases where the principle has been argued successfully, until now.
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