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Family Law Blog

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.

22 March 2024

Empowering neurodivergent individuals in the family law system

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. 

5 February 2024

Reflections on International Considerations

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.

Colleen Hall

1 February 2024

The unintended consequences of the French PACS - mind the trap

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.

Claire Wood

4 January 2024

Addiction and coparenting – how to arrange drug and alcohol testing in the context of childcare disputes and other legal proceedings involving children

Concerns surrounding a parent's substance abuse are a common safeguarding issue raised in children proceedings before the family court. Understandably, all involved in decisions as to the arrangements for a child's care need to be reassured that the child will not encounter or be impacted, whether directly or indirectly, by an alcoholic or drug-addicted parent abusing those substances.

Cate Maguire

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