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04 September 2009 / Thomas Duggins
Issue: 7383 / Categories: Features , Family
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Homing in on the recession

Property prices are affecting FDR payouts, Thomas Duggins finds

The former matrimonial home is often a couple’s most valuable asset and will form the core of negotiations surrounding the division of marital capital. After the boom years, the recent turmoil in the housing market presents new obstacles when dealing with the matrimonial home in settlement negotiations.

Valuation

The value of the former matrimonial home must be established before negotiations can begin on whether it is to be retained by one party or sold and the proceeds divided. Even if the property is to be retained by one spouse, the courts require an appraisal of value so that an assessment can be made as to the fairness of the financial settlement (H v H [2008] EWHC 935 (Fam), [2008] All ER (D) 415 (Apr)).

Form E requires the parties to provide a valuation obtained in the last six months, or their own “realistic estimate of the current market value”. It is sensible to invite three local agents to view the property and provide

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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