Blog
Removal of trustees – factors a court will consider
Cally Brosnan
12 May 2020
The impact of the coronavirus crisis on business valuations in divorce settlements
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.
4 May 2020
Compensation claims on divorce - when the clocks can’t be turned back to recover loss of future earning potential
We recently acted for the successful wife in the case of RC v JC [2020] 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 [2006] UKHL 24. Since then, there have been no reported cases where the principle has been argued successfully, until now.
28 April 2020
My financial circumstances have changed since COVID-19 – can I vary the spousal maintenance I pay?
If your income has reduced as a result of the coronavirus pandemic, you may not be able to pay the same amount of maintenance to your former partner. This could be short-term or you might be worried the situation could be more permanent. In this blog, we set out some key points to consider if you can no longer afford to pay the spousal maintenance you have been ordered to.
23 April 2020
Unprecedented times – but unprecedented enough to launch a Barder application?
In the first of our blogs in this series about Barder events and variation, we explained about the case of Barder and how, if you believe you may have suffered a “Barder” event, you might be able to ask the Court to re-open your case. In this blog, we set out some examples of cases where the English courts have both allowed and refused Barder applications, although it is right to say that the overall number of successful Barder applications can be counted on one hand only and are extremely rare.
17 April 2020
Am I stuck with my divorce settlement after coronavirus?
The coronavirus pandemic is changing the world dramatically. It can feel as though the ground is shifting beneath your feet. If you are recently divorced, or are currently getting divorced, that feeling may be a familiar one. We can’t predict what the health implications of COVID-19 will be for us individually, or for the community we live in, but some economic effects are already being felt by many who have already either lost their jobs, been furloughed or had a reduction in income. In this rapidly evolving environment where people’s financial circumstances are changing, many are asking if their divorce settlement still applies. In this blog, which is the first in a series on the subject, we set out some preliminary guidance.