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26 June 2009 / Ayla Dogruyol
Issue: 7375 / Categories: Features , Family , Property
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Use your experts wisely

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

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Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

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Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
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