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Top Ten Myths in International Family Law

There are a lot of myths and misconceptions about international family law issues. Here is our top 10:

A stark warning in relation to the Validity of Pre-nuptial Agreements

The very recent case of S v H[1] serves as a stark reminder that there are very strict parameters in which a Court in England and Wales will be willing to consider a pre-nuptial agreement valid and therefore capable of recognition within a financial settlement imposed by the court. 

How the changes to CGT on property transactions from 6 April 2020 might impact separating or divorcing couples

Despite many significant fiscal measures which the Government is introducing owing to Covid-19, there is no change to the new CGT rules which had already been announced and remain due to be introduced on 6 April 2020.

We look in general terms at the impact the changes to capital gains tax (CGT) on property transactions might have on separating or divorcing couples.

Modern Families & Future Trends

The statistics produced annually by the ONS give a snapshot of the trends in relationships and families in the UK. 

There are often stark and sometimes shocking – seeming statistics provided annually, but the underlying trends are of greater significance for advisers.

There has been a trend away from marriage since the 1960 and since then statistics indicate:

Lucy Loizou speaks at Wealth Management Conference in Nicosia, Cyprus

Lucy Loizou, Partner in The International Family Law Group LLP was one of the speakers at the annual Wealth Management Conference in Nicosia, Cyprus on Thursday 30th May.   

The event brought together over 250 lead professionals in the wealth management/High Net Worth commercial sector.

Rumour has it Adele should have signed a pre-nuptial agreement (if she didn't)

Recently, news has emerged to suggest that the singer Adele and her husband had not signed a pre-nuptial agreement before they married and that they now reside in California (which like England is a State in the US known for its generous awards upon divorce). This serves as yet another salient reminder for couples who plan to marry, and who have a significant imbalance in personal or family wealth, to consider the impact of marriage on their respective legal rights.

English Marital Agreements & How They Can Protect Assets

‘Marital agreements’ (also known as ‘nuptial agreements’) which can be prepared pre or post marriage are becoming increasingly popular in England as a means of protecting assets in the event of divorce. In many parts of the world they have been commonplace for years and are sometimes referred to as ‘property regimes’.

Oh Calderbank: which approach is the fairer of them all? Contrasting the English and Australian positions on costs offers

In the recent Australian decision of Laniga and Carron (No. 2)1 a costs order was made against the husband following the final financial order being more favourable to the wife than various without prejudice offers made by her and rejected by him. In contrast, an English court would have been unable to take the without prejudice offers into account and therefore would have been unable to make costs order on a similar basis.

International Forum on Online Courts London, December 2018: an international family lawyer’s perspective

Professor David Hodson OBE MICArb, Partner, The International Family Law Group, provides a family lawyer’s perspective of the matters arising at the inaugural International Forum on Online Courts.

The Court of Appeal judgment in Bräck v Bräck: international marital agreements scrutinised by English Court of Appeal

By Michael Allum, Rachel Roberts and Sarah Basso

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