Category

financial

Supreme Court considers maintenance law

By | divorce, financial | No Comments

The Supreme Court has dismissed an appeal against a ruling that the English courts had the authority to order him to pay maintenance to his ex-wife. The couple had married in England in 1994 before moving to Scotland. When they separated in 2012 the wife returned to England. The following year she filed for divorce in the English courts. But when the husband filed his own petition in 2014, the divorce was officially allocated to the Scottish courts because the couple had lived north of the border throughout their marriage. The wife agreed to drop her own divorce petition and…

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“Grossly unfair” financial settlement overturned in court ruling

By | financial, the family courts | No Comments

A “grossly unfair” financial settlement following a divorce has been overturned by the Court of Appeal. XW v XH concerned a family court ruling originally made in December 2017. On that occasion, a Judge awarded the wife just 29 per cent of the couple’s assets because he believed the husband, a successful businessman, had made a “special contribution’ to the couple’s wealth. The ‘special’ or ‘stellar’ contribution proviso allows family court judges to grant more of a couple’s shared assets to one partner in a divorce if they are deemed to have made a particularly significant contribution to the couple’s…

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Mother awarded compensation for stalled career in divorce proceedings

By | divorce, financial | No Comments

A former solicitor who gave up work to become a full time mother has been awarded compensation of £400,000 in her divorce proceedings. The award – recompense for the salary she would have earned had she continued her legal career – was in addition to an equal share in the couple’s substantial overall assets of £10 million. At a private family court hearing, Mr Justice Moor explained that the wife had taken primary responsibility for the couple’s two children while her husband, also a solicitor, had focused on his career. The Judge insisted that the case should not be seen…

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Chasing child maintenance when your ex lives abroad

By | Children, FAQ, financial | No Comments

If you are separate from, or divorce, your partner, you may receive spousal maintenance from them: ‘alimony’; as it’s termed in the United States. Then again, you may not: it’s all down to personal circumstances. Whether you do or do not will depend on your individual circumstances, but if you have children, and they live with you following the separation, then the situation becomes much clearer: there will be no questions about you right to receive child maintenance payments from your ex. The provision of financial support is a legal obligation placed on all biological and adoptive parents. But the…

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