A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce
This case established that a declaration of trust regarding the family home could be upheld therefore making the property unavailable to the husband's creditors. The husband had made a declaration of trust in his wife's favour as she had insisted this be done to protect the family's financial security in the face of his gambling problems. At the time he had no significant debts. The court ruled that the main reason for the declaration of trust being put in place in this instance was to maintain the man's marriage rather than protect his assets from creditors and therefore it was valid.
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'.
Financial provision – Divorce – Appeals – Exercise of judge’s discretion – Proportionality of costs
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
Financial provision – Pension rights – Treatment of pension funds as equal to capital funds – Failure to compare like with like – Husband’s prospect of receiving capital or income from pension fund deferred if not distant
Financial provision – Periodical payments – Fixed term – Application for extension – Court’s obligation to consider bringing financial relations to conclusion – Impact of prolonged cohabitation – Effect of legitimate expectation that obligations would end
Financial provision – Lump sum order – Wealthy husband – Wife cohabiting with man of relatively insubstantial means – Conduct irrelevant – Whether judge justified not taking cohabitation into account - Lump sum – Wife cohabiting with another man – Effect on quantum
Ancillary relief – Whether judge could make periodical payments order for benefit of children – Whether Mesher order to be granted
Divorce – Financial provision – Discretion – Fairness – Factors justifying departure from equality – Reasonable requirements not to be used as ceiling on award
Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request