header-logo header-logo

Use your experts wisely

26 June 2009 / Ayla Dogruyol
Issue: 7375 / Categories: Features , Family , Property
printer mail-detail

In times of recession, proportionality over the use of experts is critical,
says Ayla Dogruyol

Married couples are continuing to separate despite the financial difficulties of doing so when assets have devalued and may not be readily realisable. Some will be concerned about the cost implications of formalising their separation and this article highlights two practical steps which parties can consider to contain costs when doing a deal in relation to the finances.

The judge at a final hearing bases his decision on the Matrimonial Causes Act 1973, s 25 which requires consideration of the financial resources available to the parties now and in the foreseeable future. Consequently, at the outset of any settlement discussions the parties should be satisfied that all the assets have been disclosed. They then have to work out what those assets are worth.

Experts

Parties are first encouraged to try to agree the value of the family assets. In the absence of agreement, or if they do not know the value of the assets, the preferred court direction

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll