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NLJ this week: Divvying up assets from the in-between divorce period

23 February 2024
Issue: 8060 / Categories: Legal News , Family , Divorce
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Time marches on, especially for ex-couples waiting for financial remedies proceedings. This creates difficulties

In this week’s NLJ, Catherine Doherty Montanaro, associate in the family law team at Penningtons Manches Cooper, notes that couples are likely to have been separated for many months, if not years, by the time their financial remedies application is considered by a judge

Montanaro writes that, while it is established law that assets built up during marriage are to be shared equally, ‘the treatment of assets amassed, and income earned, during any period of separation is less certain. Murkier still is the issue of deferred consideration, particularly insofar as it relates to an asset which is referable to the marital partnership, but receipt of which is dependent upon conditions to be fulfilled by one spouse post-separation, without contribution from the other.’

The author looks at relevant case law across a range of situations.

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NEWS
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
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