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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll