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

Shakespeare Martineau—Molly Rae

Shakespeare Martineau—Molly Rae

Shakespeare Martineau boosts Sheffield corporate team with new appointment

Stone King—Clare Harris

Stone King—Clare Harris

Stone King appoints new head of trusts and estates to spearhead growth as expansion continues

Browne Jacobson—David Hill

Browne Jacobson—David Hill

Browne Jacobson appoints David Hill as new health and life sciences partner with UK and international experience

NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
back-to-top-scroll