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17 January 2025 / Siobhan Vegh , Natalie Nero , Rebecca Sutton
Issue: 8100 / Categories: Features , Family , Divorce , Costs , ADR , Mediation
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Parties behaving badly

203908
Family practitioners should be aware of the courts’ increasing readiness to impose costs orders as a result of poor behaviour or misleading evidence: Siobhan Vegh, Natalie Nero & Rebecca Sutton highlight a recent example
  • How complex assets are treated in financial remedy proceedings where there is debate over whether they should be considered matrimonial or non-matrimonial.
  • How assets are divided in cases where there are minimal liquid assets to rehouse parties and ensure dependent children’s wellbeing after separation.
  • Considerations of non-disclosure and behaviour in proceedings and the impact on outcome.

Divorce and separation are rarely smooth, even for the most amicable of couples. Disputes over finances, assets and children are unfortunately all too common. Money is often one of the most contentious areas, and the law around the division of assets can be complex. It is sadly not uncommon for parties to become very acrimonious, or for one or both parties to behave poorly during proceedings. Poor behaviour in this context means hiding (or

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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