Blog
Rebuilding lives after brain injury: the role of the Court of Protection
Jemma Garside
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.
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.
This blog will explore the practical ways neurodivergent individuals can be supported in family proceedings to enable them to engage effectively and give their best evidence.
It is often a surprise to our international clients how stark the differences can be in family law and procedure worldwide. In almost every case involving parties either born, or living in Europe or further afield, there has been a conversation in which clients express shock at different elements of the English system. This is particularly true of financial cases.
The French Pacte Civil de Solidarité (PACS) is a contract entered into by two unmarried adults, of the same or opposite sex, which allows them to plan their life together. Registration of the civil union between the partners takes place at the town hall. The PACS contract can also be drafted by a notary so that the clauses of their contract are bespoke to their family and financial situation.
Jemma Garside
Lord Carter of Haslemere CB
Nikola Southern
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