header-logo header-logo

05 October 2012 / Claire Sanders
Issue: 7532 / Categories: Features , LexisPSL
printer mail-detail

Balancing act

Claire Sanders juggles discretion & fairness in marital disputes

The decision in R v R [2012] EWHC 2390 (Fam), [2012] All ER (D) 85 (Sep) provides a helpful reminder of the approach taken by the courts when exercising discretion to achieve a fair outcome having regard to the factors set out in the Matrimonial Causes Act 1973, s 25(2).

The parties married in 1983. There was a dispute about the date of separation with the court preferring the wife’s evidence that the parties separated in 2010. At the time of the separation the wife’s financial position was “dire”. She was subject to an individual voluntary arrangement (IVA) and had additional significant debts attributable to the closure of her solicitor’s practice. She had been indefinitely suspended by the Solicitors Disciplinary Tribunal and had suffered significant physical and mental ill health issues.

The husband’s position was, in contrast, secure. He was the majority shareholder in Z Ltd (the company), from which he was able to draw significant earnings. In the financial year ending 2010, his average monthly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll