header-logo header-logo

22 April 2016 / Bethan Thomas
Issue: 7695 / Categories: Features , Family
printer mail-detail

Giving back

Bethan Thomas examines the court’s approach to “add backs” here and in Australia

It is a difficult job for a family lawyer to advise a new client on the issue of fault and their spouse’s conduct. Quite often clients assume that if the other spouse is at fault, then they should pay for the costs of any financial proceedings. This is not however the case. What constitutes conduct which a court can take into account has changed over the years. Marital conduct, such as having an affair will not itself lead to securing a greater share of the assets in financial proceedings, but there are types of conduct which can result in one spouse being awarded a greater share of the marital assets.

Too inequitable to disregard

The conduct as defined by s 25 (g) of the Matrimonial Causes Act 1973 has to be too inequitable to disregard. What does this mean? How much notice will a court take of gambling, drug taking, and prostitution? A case dating back to 1973 ( Wachtel & Wachtel [1973] EWCA

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll