header-logo header-logo

Giving back

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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
back-to-top-scroll