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A Quick-fire Users’ Guide to the New Divorce Petitions

By Stuart Clark and Michael Allum

“We all covet wealth, but not its perils”

Last week Petra Eccleston gave an interview about the breakdown of her marriage and the difficulties she associates with wealth when it comes to meeting a life partner.

Divorce Jurisdiction and Forum after Brexit

In this paper, presented at the Class Legal conference on 21 June 2017, David Hodson examines three elements of our existing divorce law which will need examination on leaving the EU.  

Court of Appeal Decision in Chinese Tiger Trust Case

The Court of Appeal has made a ruling on the case of Quan v Bray and Others [2017] EWCA Civ 405. The case involved a dispute over a trust, known as the Chinese Tigers South African Trust, which had been set up in 2002 by a husband and wife to help repopulate Chinese Tigers to the wild. The couple subsequently separated and the wife issued a claim for a financial remedy in divorce proceedings.

Equal division of assets on divorce no longer appropriate for short childless marriages

The Court of Appeal has today delivered its judgment in the matter of Sharp.

The appeal was brought by Julie Sharp, an energy trader, who argued against the principle of an equal division of the marital assets in light of the relatively short length of the marriage and on the basis that she brought the larger proportion of the wealth to the marriage. The parties, who were married for four years, had combined assets of approximately £6.9m, approximately £5.45m of which was acquired during the course of the marriage. Both parties pursued their own individual careers and kept their assets separate. They did not have any children.

The role, benefits and concerns of digital technology in the Family Justice System

Today, 6th June 2017, David Hodson has presented a paper on the above at the World Congress of Family Law in Dublin. 

Innovative New International Family Law Arbitration Scheme Announced in Boston

Today (2 June 2017) at the AFCC Annual Conference in Boston, USA, Prof. Patrick Parkinson and David Hodson of iFLG, two of the world’s leading international family lawyers, have announced an innovative new scheme to help international families. It is called ‘The International Family Law Arbitration Scheme’ (IFLAS). It will avoid long and expensive forum litigation and will help couples work out where any family differences should be resolved by ascertaining with which country they have the closest connection. 

Forthcoming Changes to Financial Remedy Applications

There has been a drive in recent years, led by Sir James Munby, the President of the Family Division of the Courts in England and Wales, to ensure that financial proceedings are dealt with by the appropriate Judges, at the correct judicial level and with optimum specialisation of expertise both judicially and administratively behind the scenes. A number of important changes to the system have been introduced, often pilot-led, and with much success, and more changes are coming soon. 

Spousal support on divorce “revolutionised” by Italian Supreme Court

On 10 May 2017 the Supreme Court in Italy handed down a decision which Italian legal commentators are saying revolutionises the basis of spousal support upon divorce in Italy. The decision, with Judgment No.

When Do Marital Contributions Become Special?

On 11 April 2017 the Court of Appeal handed down judgment in the case of Gray v Work.  It determined whether a spouse should receive more than 50% of the shared net marital assets on the basis that he or she has made a "special contribution" to the welfare of the family.  In England all assets acquired during the marriage are shared equally unless there is a good reason for a departure.  It is an important decision about when marital assets will be unequally shared. 

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