Finances on divorce
If your children are attending privately paying schools, and you are negotiating a financial settlement on divorce, there will need to be a decision reached on how these fees are going to be paid. In a recent financial case before the High Court*, two children attended fee paying schools, costing a total of £27,828 per…
If you are taking part in a financial application in a court setting, you will need to complete a Form E as part of that process. This is a lengthy form, requiring detailed information about your financial situation, and asking you to attach significant amounts of documentation in support of your answers. On the front…
A Xydhias agreement is an agreement reached between you and your spouse in relation to your financial arrangements on divorce, which is not yet a court order, but which you have been bound to. What happens if you and your spouse have reached an agreement, but one of you subsequently changes your mind about the…
We are often asked whether a spouse’s bad behaviour will make any difference to a financial settlement during divorce. A case* recently came before the Family Court in which it had to decide whether the Husband’s excessive spending should result in an add-back. In this context an” add back” is when a court nominally add…
The Supreme Court has today given judgment on the case of Wyatt v Vince, involving a wife and husband divorced 22 years ago. In the intervening years, the Husband has made many millions of pounds in his green energy wind farm business. The Wife now seeks a payment of £1.9 million from him. The Court…
The issue of determining how long spousal maintenance should be paid for was examined by the Court of Appeal recently. The Husband in the case is 59, and an equine surgeon. The Wife, aged 51, cares for the children, and had not worked outside of the home since she was 35. The original financial deal in…
There is no one answer to this question. In a recent High Court case*, we have been reminded that there are many “swirling considerations” which come to bear on determining what the correct level of spousal maintenance should be and which “cannot” be pressed into a formula which provides an answer. At the centre of the…
Seven useful practical tips for getting through the divorce process and for dealing with your solicitor. Divorce generates paperwork. Much more that you would imagine. To make life easier, bulk buy yourself files, dividers, a filing cabinet, whatever you need to control the paper during the process; Divorce also generates electronic mail. If you don’t…
Hemmingway said that “.. wherever you go for the rest of your life, it stays with you, for Paris is a moveable feast.” This same sentiment is applicable to the concept of spousal maintenance. Spousal maintenance may be claimed by a spouse many years after the end of a marriage, if the financial claims that…
The issue of how to deal with a business and business valuation on divorce is dealt with in a newly published High Court case of SK v TK*. The husband had establish a very successful business during the marriage, of which he was a majority shareholder. He tried to argue that an equal division of…
