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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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