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finance on family breakdown

01 February 2007 / David Burrows
Issue: 7258 / Categories: Features , Divorce , Family
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EQUITABLE PRINCIPLES IN FAMILY PROCEEDINGS

In S v S (M Intervening) [2006] EWHC 2892 (Fam), [2006] All ER (D) 229 (Nov) the wife (W) had retained the former matrimonial home (the property) upon the parties’ divorce in 1989. The husband (H) had a charge-back of one-third realisable when the children ceased to be dependent, W remarried or cohabited permanently or she died—standard Mesher terms. H was required to pay periodical payments for W and the children. In 1993, said W, H agreed to remit his charge on the property if W agreed to forego her entitlement to the arrears then due and to any future payments.

 In 1995 W’s mother (M) moved to and then bought a half-share in the property; but on the assumption of both W and M that H no longer had any charge on, nor other interest in, the property. M said she and H had had separate discussions on the subject. H had not registered his charge with Land Registry. W and M’s agreement was not formalised in

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NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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