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Helen Conway's Family Law (Key Cases) PDF

By Helen Conway

ISBN-10: 034094708X

ISBN-13: 9780340947081

ISBN-10: 1444116827

ISBN-13: 9781444116823

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Extra info for Family Law (Key Cases)

Example text

4) The relevant circumstances are not limited to the purely financial aspects of the agreement; social, personal, religious and cultural considerations all have to be taken into account. 17 Third party interests in property CA Thomas v Thomas [1995] 2 FLR 668 Where a spouse enjoyed access to wealth, but no absolute entitlement to it, the court would not act in direct invasion of the rights of a third party, nor put a third party under pressure to act in a way which would enhance the means of the maintaining spouse, but nevertheless need not act in total disregard of the potential availability of wealth from sources owned or administered by others.

HC Sorrell v Sorrell [2005] EWHC 1717 (Fam) The assets of the marriage were £75 million. The husband argued that his taking a small company to become the second largest of its kind in the world was a special contribution which justified a departure from equality. Further, the shares he held should be discounted because if he as a ‘key man’ in the business left, the shares would be devalued. A departure from equality was justified by the husband’s special contribution to the marriage, in the form of exceptional business talent amounting to genius.

1) There is no presumption of equal division of assets as a starting point. (2) However, the parties should be treated with equality. No distinction should be made in terms of the value of contributions between a home-making role and a bread-winning role. (3) The approach should be to weigh in the balance all the s 25 criteria, then use ‘the cross-check of equality’ to ensure that neither spouse was discriminated against by reason of Page 19 their gender or the role they took in the marriage. (4) It is incorrect to limit a spouse to their ‘reasonable requirements’.

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Family Law (Key Cases) by Helen Conway

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