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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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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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