Article Category: Insight & Opinion

My pension is all mine – or is it?

In a recent survey of divorced women it was found that only 15% had pensions discussed as part of their overall financial settlement. Pensions are an important asset and one which must not be overlooked in divorce cases. More often than not, the husband has the larger pension pot and this was the case in… Read more »

Disputes over children with an international element

The Hague Convention 1996 on the International Protection of Children came into force in the UK from 01 November 2012. The Convention has uniform rules determining which countries’ authorities are competent to take necessary measures. These rules, which avoid the possibility of conflicting decisions, give the primary responsibility to the authorities of the country where… Read more »

All that I have I share with you… except my company assets!

You could be forgiven for thinking that everything will be taken into account in a divorce financial settlement– even assets held by a spouse’s company. Indeed this has been the decision in the majority of cases to date where assets held in the name of a company owned by one spouse are transferred to the… Read more »

In the name of the father… or maybe not

A legal case is currently proceeding in the courts in France in respect of the paternity of a child. The French MEP involved in the case is suing the man she says is the father, however, he denies that he is. The case is likely to be resolved by the use of witness evidence. Under… Read more »

Fancy the Maldives for Christmas?

Have you ever longed for the beach at Christmas as an escape from the cold of England? I’m sure that most of us have. Before you go, however, remember to ensure that you have satisfied all outstanding obligations at home (or at least covered your tracks!) In a recent case, a court has declined an… Read more »

Child benefit curtailed

Under the latest government proposals child benefit could be limited to two children per family. The Government is looking for ways to cut the welfare bill and this is one option currently being discussed. Originally there were discussions of non-working families having child benefit and child tax credit limited if they have more than two… Read more »

How is inherited wealth distributed in a divorce?

When asked to advise clients going through divorce proceedings in relation to financial settlements, the question of how the courts will approach inherited wealth is one that is often asked. The answer is ‘it depends’ – which on the face of it, isn’t a very helpful answer. The difficulty lies in the fact that the… Read more »

At last – the demise of the Child Support Agency

The Child Support Agency has never exactly been a success and certainly not found on the favourites list of any lawyer or indeed most parents. It has suffered from bad publicity from the very beginning and has never really been successful except in the simplest of cases. Most of us lawyers yearned for the days… Read more »

Pre-wedding nerves should not be ignored

A recent survey (see Telegraph article here) has shown that wives who had pre-wedding doubts are two and a half times more likely to be divorced 4 years later than those who didn’t have any doubts. And that whilst men are more likely to have doubts before a wedding than women – it’s the women’s… Read more »

Renting a business premises? Beware of the break clause

When tenants are negotiating leases of business premises we always recommend that they should insist on at least one break clause in their new lease. A break clause will enable you to vacate your business premises without the fear of any long term financial commitment, if your business fails or you are unable to transfer… Read more »