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Case Law

43 results - showing 1 - 10
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Ordering
White v White [2000] UKHL 54

This case established a new framework for dividing marital assets between the 'breadwinner' and the 'homemaker'. It sets a benchmark of a 50:50 split based on marriage being a partnership and that the contribution of 'homemaker' is just as important as that of the 'breadwinner'.

McFarlane v McFarlane [2004] UKHL 24

Financial relief – Divorce – Principles to be applied by court – Conduct – Contributions – Assets – Clean break – Departing from yardstick of equality

Financial relief – Divorce – Short childless marriage – Principles to apply – Evidence as to causes of breakdown of marriage – ‘Legitimate expectation’ of wife as to standard of living post-marriage

Financial relief – Periodical payments – Capital element – Clean break – Substantial future surplus of income over expenditure – Whether periodical payments could include an element of capital – Joint lives or term order

Charman v Charman [2007] EWCA Civ 503

Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request

Charman v Charman [2005] EWCA Civ 1606

Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request

Calderbank v Calderbank [1975] ADR LR 06/05, [1976] FAM 93 CA, [1975] 3 All ER 333

Divorce – Ancillary proceedings – Costs – Without prejudice offer by party before hearing – Offer rejected – Offer exceeding final award – Whether costs affected by offer – Whether in making offer party entitled to reserve right to refer to offer in relation to costs

Radmacher (formerly Granatino) v Granatino (2010) UKSC 42

Appeal before the Supreme Court concerning the question of whether the Court of Appeal erred in finding that pre-nuptial contracts ought to be given decisive weight, where entered into freely by both parties, in an assessment under section 25 of the Matrimonial Causes Act 1973; and also whether the Court of Appeal decision amounted to impermissible judicial legislation, in contravention of the decision of the Privy Council in MacLeod v MacLeod (Isle of Man) [2008] UKPC 64. Held (Lady Hale dissenting) that the Court of Appeal was correct to conclude that there were no factors which rendered it unfair to hold the husband to the agreement.

AP v TD [2010] EWHC 2040 (Jurisdiction)

In a case concerning the issues of jurisdiction as between England and Wales and Canada the court held that a Mother had accepted the jurisdiction of the English court. It was held that it was in the best interests of the children that the English court should at present retain jurisdiction in relation to all aspects of parental responsibility. The English hearing in respect of contact would proceed with the issue of jurisdiction being treated as a 'rolling consideration'.
Court: High Court (Family Division) (England and Wales)

Re L & Ors (children) [2000] EWCA Civ 194 (19 June 2000)

Domestic Violence in Family Proceedings.  In this important case the CA reviewed research and sets out  the  factors to be addressed when considering domestic violence and contact.

Re L & Ors (Children) [2000] EWCA Civ 194

Domestic Violence in Family Proceedings; In this case the CA reviews research and sets out  the  factors to be addressed when considering domestic violence and contact;

McCartney v McCartney [2008] EWHC 401 (Fam)

Judgment in ancillary relief proceedings involving a short marriage, one child and significant wealth brought into the marriage by the husband.

43 results - showing 1 - 10
1 2 3 4 5