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Homing in on the recession

04 September 2009 / Thomas Duggins
Issue: 7383 / Categories: Features , Family
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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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Kingsley Napley—Claire Green

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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