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Family Law Blog

Divorce and Financial Disclosure

John Boon
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When a couple resolve financial matters at the end of their marriage or civil partnership, then it is necessary for both parties to provide full and frank disclosure of their financial circumstances. One or both of the couple often remain sceptical that the...

A Cautionary Tale About Divorce Financial Advice From Friends

John Boon
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The tabloids have been reporting on a cautionary tale about divorce finances - the temptation to hide assets and the danger of relying on advice from the wrong places. Meet Mrs Byrne Mrs Byrne was thinking about divorcing her husband. The problem...

Earnings After Divorce - Will They Be Shared?

John Boon
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The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce . The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional...

Pensions in Divorce - Offsetting, What Is It and What Are the Risks in It?

John Boon
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When a couple gets divorced then one or both parties’ pensions might be distributed between the couple. In many cases this is done by the pension owner having a percentage of their pension being deducted from their fund. That percentage is then...

Discretionary Trusts in Divorce Law - Are Your Trust Assets Safe in Divorce?

John Boon
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A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court judge ordering a potential beneficiary of a...

Will I Have to Share the Pensions I Earned Before We Got Married?

John Boon
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The recent Pensions Advisory Group report suggests that there are four answers to the “pensions before marriage” question. We need to be clear on a bit of terminology, however, before looking at the answers. First, remember that pensions can...

New Guidelines on Pensions in Divorce - The Unwelcome Need for Pension Reports

John Boon
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Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. A new report, released in July 2019, provides stark warnings for professionals working in divorce law. We will be looking at several...

Pre-Nuptial Agreements and Post-Nuptial Agreements in Context

John Boon
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A nuptial agreement is an agreement in writing entered into by two parties prior to, or after, their marriage or entry into a civil partnership, which records how they wish their finances to be treated and distributed in the event that they should separate...

Child Contact and the Rights of Grandparents

Nick Ingrey
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Most grandparents have a close and loving relationship with their grandchild(ren). However, the sad reality is that their relationships are discounted following a relationship breakdown. Some grandparents are left with little or no alternative but to apply...

Where Can I Divorce? Divorcing in the UK and Europe

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Many people are under the impression that they can only divorce in the country in which they marry. This is in fact a myth. Here, we look at the ability to divorce in an EU member state pursuant to “Brussels II Revised”. Brussels II Revised...

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