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Financial Settlements

30 January 2025

Preserving family wealth with a prenuptial agreement: how best to protect farming assets on a divorce

Recent years have seen pre-nuptial agreements move from the world of the super-rich to being a tool many now consider in advance of marriage. Abby Buckland, senior associate in the family and divorce team, sets out how they are viewed by the courts and how to correctly set up such an agreement.

Abby Buckland

4 April 2024

French matrimonial regimes: the wide ranging impact for couples with Anglo-French connections

The concept of matrimonial regimes has become increasingly well known in England, having been a stalwart of the French marriage process for centuries. International clients and those with Anglo French connections are asking the right questions about French marriage contracts versus English prenuptial or postnuptial agreements more frequently, being more aware of the significant differences between the two and also the need for cross-border legal advice to ensure their interests are protected should they later choose to divorce.

Sophie Voelcker

27 March 2024

Mind your business: valuing corporate assets on divorce

With over 800,000 businesses incorporated in the UK every year, it is no surprise that business assets and in particular the disposal of business interests are often a significant issue when dividing assets between separating spouses in financial remedy proceedings. The landmark case of White v White [2000] introduced the starting point of an equal division of capital, as Lord Nicholls held: “There should be no bias in favour of the money-earner and against the home-maker and the child-carer”. However, the concept of matrimonial and non-matrimonial assets is vital in cases involving businesses, as the non-business owning spouse may have a weaker claim against the value of the business, in circumstances where the value was generated prior to the marriage or following the parties’ separation.

19 October 2023

“Either board the AI train now, or alight and be left behind” – The Kingsley Napley Family Junior Debate 2023

When ChatGPT is asked “Does the future of a fair financial remedies system lie in AI?”, the response is: “the future of a fair financial remedies system may involve the integration of AI technologies, but it's important to recognise both the potential benefits and challenges associated with this approach.” A strikingly typical lawyer’s answer, for a machine. Will AI revolutionise and provide certainty and cost-efficiency for the family legal system, or is it a treacherous commodity here to replace jobs and create unfairness?

Liam Hurren

3 October 2023

Rise of the machines? The role of AI on divorce

The Kingsley Napley Junior Debate is taking place this week and we’re going to be discussing the impact of artificial intelligence on the way in which we help clients reach financial settlements. As someone who doesn’t know much at all about how AI works and the extent of its potential, I have spent some time trying to familiarise myself with what it can offer and the potential pitfalls.

Sarah Dodds

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