Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
8 February 2011
What's mine is yours...depending on what it is and when I got it.
In the recent case of JvJ, the Court of Appeal gave guidance on the treatment of non matrimonial assets, which in this case was a company that the Husband had acquired and operated for 10 years before the marriage. The Wife accepted that she should have a lower than 50% share of the total assets and the Husband accepted the Wife should have an equal share of the matrimonial assets.
13 January 2011
International Surrogacy: not just for celebrities?
The debate surrounding Surrogacy is likely to be one of the hot topics of 2011, following the announcement that Elton John and David Furnish became parents (on Christmas day 2010) to Zachary Jackson Levon Furnish-John, who was born to a surrogate mother in the US. Since 28 December, the UK press has been jam packed with articles debating the morality of gay surrogacy and the changing face of the traditional “nuclear family”.
13 December 2010
The European marriage contract - a different animal to the pre-nup?
I have read with interest the commentary on a highly contested divorce currently proceeding in New York, the divorce of Olivier Sarkozy (the half brother of Nicolas Sarkozy) and his wife Charlotte. According to the press reports (even reported in the English press - eg see Telegraph of 5 December) Mrs Sarkozy is trying to overturn the terms of a French 'pre-nup' the parties had entered into when they married in the 1990's. Olivier apparently had been 'summoned' by his future father in law to sign the contract to protect Charlotte's family trusts. Since then Olivier's career and financial position had gone from strength to strength and, by the time of the parties' separation, the terms of the agreement no longer suited Charlotte and to the contrary were very much in her husband's interests .
3 December 2010
Are wives divorcing with children encouraged a clean break by courts?
A couple of weeks ago I was invited to speak at the annual family bar conference attended by 250 barristers, QCs and judges. One of the issues we discussed was the approach of the English courts on maintenance compared to other countries, including France.
10 November 2010
A Matter of Trust
It has been reported this weekend that the wife of a City trader is seeking a share of the £7.5 million which he transferred to Lichtenstein companies during the course of the marriage. Mr Goldstone and the companies maintain that the assets were legitimately transferred. Mrs Goldstone meanwhile alleges that, far from having transferred ownership in these assets, her husband still retains control of and a beneficial interest in them and she is therefore entitled to a share of those funds as part of her financial claim upon divorce.
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