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Family law > English and Welsh Financial Provisions > Flashcards

English and Welsh Financial Provisions Flashcards

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1
Q

Where can the financial orders for Homosexual and Heterosexual relationships be found?

A

Matrimonial Causes Act 1973, Part 2, Section 21 to 40A

Civil Partnership Act 2004, Schedule 5

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2
Q

Where can the financial orders for Homosexual and Heterosexual relationships be found?

A

Matrimonial Causes Act 1973, Part 2, Section 21 to 40A

Civil Partnership Act 2004, Schedule 5

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3
Q

Under Section 23 of the Matrimonial Causes Act 1973 what types of order can be made?

A

Periodical Payments
Lump Sums
Transfer, settlement or sale of property

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4
Q

Under Section 23 of the Matrimonial Causes Act 1973 what types of order can be made?

A

Periodical Payments
Lump Sums
Transfer, settlement or sale of property

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5
Q

Under Section 23 of the Matrimonial Causes Act 1973 what types of order can be made?

A

Periodical Payments
Lump Sums
Transfer, settlement or sale of property

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6
Q

What level of discretion do the courts have?

A

Wide ranging

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7
Q

What does Section 25 of the Matrimonial Causes Act 1973 give judges?

A

Guidance on the application of their power.

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8
Q

Does the order of Section 25 of the Matrimonial Causes Act 1973, indicate priority?

A

No

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9
Q

In which case did Lord Hoffmann indicate that there was no priority to Section 25 factors and that it was dependent on the facts of each case?

A

Piglowska v. Piglowski 1999

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10
Q

What is the starting point in determining the assets of a couple?

A

All property is considered

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11
Q

If assets are in a company will they be considered by the court?

A

No

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12
Q

In which case were the resources of the husband in companies awarded to the wife, as a result of the companies being deemed to be in trust?

A

Petrodel Resources Let & Ors v. Prest & Ors [2013]

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13
Q

In which case was the welfare of the child in requiring a home significant in awarding the mother the full equity of the marital home?

A

B v. B (Financial Provisions: Welfare of Child and Conduct) [2002]

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14
Q

In which current case has it been indicated that even 18 years after a divorce a claim for financial provision may be allowed?

A

Wyatt v. Wyatt 2015

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15
Q

In which case even though the assets were inherited if they were the only assets available to meet the financial need then they could be used?

A

White v. White 2000

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16
Q

In which case even though the assets were inherited if they were the only assets available to meet the financial need then they could be used?

A

White v. White 2000

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17
Q

In which case was the wife’s inheritance investment in a business grounds for a 50% share in the sale of the business? Or rent at a reduced rate?

A

B v. B (Ancillary Relief) [2008]

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18
Q

In which case was the wife’s inheritance not included in matrimonial assets due to there being significant other assets?

A

S v. S 2007

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19
Q

In which case was the wife’s inheritance not included in matrimonial assets due to there being significant other assets?

A

S v. S 2007

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20
Q

In which big money case were the needs of the weaker spouse met on the basis of fairness?

A

McCartney v. Mills-McCartney 2008

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21
Q

What is important to consider in big money cases on assessing the needs of a weaker spouse?

A

The standard of living prior to the marriage and and length of the marriage.

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22
Q

In which big money cases was substantial wealth prior to the marriage grounds for it having less weight in awarding the weaker spouse financial provisions?

A

McCartney v. Mills-McCartney 2008

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23
Q

In which big money cases was substantial wealth prior to the marriage grounds for it having less weight in awarding the weaker spouse financial provisions?

A

McCartney v. Mills-McCartney 2008

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24
Q

In which case where the marriage lasted 9 months was the award of a lump sum and annual payments said to be generous but not unreasonable?

A

C v. C (Financial Provision: Short Marriage) 1997

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25
Q

In which case was the substantial increase of the husband’s wealth during the marriage of almost 3 years grounds for a substantial award to his wife?

A

Miller v. Miller 2006

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26
Q

In which case was it determined that personal injury awards could be considered but the severity of the injuries meant it would be unfair?

A

C v. C (Financial Provision: Personal Damages) 1995

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27
Q

In which case was it determined that personal injury awards could be considered but the severity of the injuries meant it would be unfair?

A

C v. C (Financial Provision: Personal Damages) 1995

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28
Q

Do the contributions during the marriage taken into consideration have to be solely financial?

A

No

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29
Q

Should there be discrimination between the money earner and the home maker of a household?

A

No

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30
Q

In which case was the husband’s entrepreneurial talent grounds for a greater award, arising from a ‘special contribution’?

A

Sorrell v. Sorrell 2005

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31
Q

In which case was the husband’s entrepreneurial talent grounds for a greater award, arising from a ‘special contribution’?

A

Sorrell v. Sorrell 2005

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32
Q

In which case was the 50% share split departed from after a 30 year marriage?

A

Charman v. Charman 2007

33
Q

In which case was the conduct of a spouse looked at due to it being gross and obvious?

A

Wachtel v. Wachtel 1973

34
Q

Have courts moved away from look at fault in divorce?

A

Yes

35
Q

In which case was periodic payments stopped due to the wife attempting to have her ex husband murdered?

A

Evans v. Evans 1989

36
Q

In which case was the Judge not sympathetic towards the husband who was serving time in prison for sexual assaults on his wife’s grandchildren. So was awarded only £100,000 - a small sum compared to the wife’s assets?

A

K v. L 2010

37
Q

When looking at the needs of a spouse what will the court consider?

A

Provision for: Income, accommodation, old age, travel, holidays and other luxuries.

38
Q

When looking at the needs of a spouse what will the court consider?

A

Provision for: Income, accommodation, old age, travel, holidays and other luxuries.

39
Q

If the payee of a divorce is unlikely to have independent income within 3-5 years what sort of award is likely to be made? (Typically only applies in big money cases)

A

One that will allow them to live at their marital standard of living.

40
Q

If there are not enough assets to allow the couple to live at their marital standard of living, what standard shall be considered?

A

Reasonable standard of living for both parties.

41
Q

In which big money case was the wife said to have received the maximum contribution possible at the time of £15 million.

A

Conran v. Conran 1997

42
Q

In which big money case was the wife said to have received the maximum contribution possible at the time of £15 million.

A

Conran v. Conran 1997

43
Q

Which case did not signal an equal division of assets in big money cases but signalled that the ceiling of £15 million was no longer so restrictive?

A

White v. White 2000

44
Q

Which case did not signal an equal division of assets in big money cases but signalled that the ceiling of £15 million was no longer so restrictive?

A

White v. White 2000

45
Q

What circumstances may allow for a departure from capping the maximum payout to £15 million?

A

Special Contribution

Non-Matrimonial Property

46
Q

If premarital assets are required in order to meet the needs of the parties, can they be used?

A

Yes

47
Q

In which case did the court hold that inherited wealth should be treated differently due to its nature?

A

Robson v. Robson 2010

48
Q

In which case was it held that only the increase of the husband’s wealth during the marriage was to be shared?

A

Jones v. Jones 2011

49
Q

In the Miller v. Miller, McFarlane v. McFarlane case which 3 elements for a fair financial split were identified?

A

The meeting of needs
The giving of compensation
Sharing

50
Q

In the Miller v. Miller, McFarlane v. McFarlane case which 3 elements for a fair financial split were identified?

A

The meeting of needs
The giving of compensation
Sharing

51
Q

The sharing principle identified in the Miller v. Miller, McFarlane v. McFarlane is based upon which two principles?

A

Equality - not valuing the breadwinner’s contribution more.

Partnership - it is natural to share the property.

52
Q

In which case were the periodic payments set to not only meet the wife’s needs but her sacrifice of a highly successful career?

A

McFarlane v. McFarlane

53
Q

Which recent case is critical of the McFarlane approach to payments?

A

SA v. PA 2014

54
Q

In which case was it stated that the division of more modest estates should be done in order to achieve a fair outcome?

A

B v. B (Ancillary Relief) 2008

55
Q

In which case was the wife awarded a greater proportion of the profit from the sale of the home in order to house the children?

A

M v. B (Ancillary Proceedings: Lump Sum) 1998

56
Q

In which case was the wife awarded a greater proportion of the profit from the sale of the home in order to house the children?

A

M v. B (Ancillary Proceedings: Lump Sum) 1998

57
Q

What 4 factors support the rule that equal division is not absolute?

A

Lack of clarity over what is matrimonial property
Length of the marriage
Unusual property - gifts or inheritance
Business efforts of one party alone

58
Q

What 4 factors support the rule that equal division is not absolute?

A

Lack of clarity over what is matrimonial property
Length of the marriage
Unusual property - gifts or inheritance
Business efforts of one party alone

59
Q

Which provision allows for payments until the parties are adjusted without hardship?

A

Matrimonial Causes Act 1973 S.25A(2)

60
Q

Which provisions directs the court to terminate payments following a time that is considered to be just and reasonable?

A

Matrimonial Causes Act 1973 S.25A(1)

61
Q

What are orders that do not impose ongoing financial provisions referred to?

A

Clean Break

62
Q

When a term imposing the termination of payments after a period of time is completed, what is this called?

A

Deferred clean break

63
Q

A deferred clean break is not satisfied unless?

A

It is accompanied by a direction pursuant to the Matrimonial Causes Act 1973 S.28(1A).

64
Q

If a deferred clean break is not accompanied by a direction pursuant to the Matrimonial Causes Act 1973 S.28(1A) then the payee can?

A

Apply for the term of payments to be extended, provided the application is made prior the expiration.

65
Q

Does the clean break principle include life long provision through capitalisation?

A

Yes

66
Q

In which case did the court rule that it was unfair to expect a husband to support his ex-wife for her life time?

A

Wright v. Wright 2015

67
Q

In which case did the court rule that it was unfair to expect a husband to support his ex-wife for her life time?

A

Wright v. Wright 2015

68
Q

What formula can be applied in order to calculate payments for support of the weaker party?

A

Duxbury

69
Q

In which case was fairness not a factor due to the wife’s wealth deriving from her family?

A

Radmacher v. Granatino 2010

70
Q

Which case gave a prenuptial agreement effect on appeal?

A

Radmacher v. Granatino 2010

71
Q

Which case gave a prenuptial agreement effect on appeal?

A

Radmacher v. Granatino 2010

72
Q

Are both parties required to seek independent legal advice when entering into a prenuptial agreement?

A

No, but it is highly advised in order to ensure effect is given to the agreement.

73
Q

What factors will lead to a prenuptial agreement not being upheld?

A

Fraud
Duress
Undue Pressure - not agreeing to marry unless it is signed

74
Q

In which case did the wife enter freely into a prenuptial agreement, not seek independent legal advice but the agreement was upheld as you cannot simply disagree due to not liking the terms?

A

SA v. PA 2014

75
Q

In which case did the wife enter freely into a prenuptial agreement, not seek independent legal advice but the agreement was upheld as you cannot simply disagree due to not liking the terms?

A

SA v. PA 2014

76
Q

Which case approved the approach adopted in Radmacher v. Granatino 2010?

A

SA v. PA 2014

77
Q

Which case approved the approach adopted in Radmacher v. Granatino 2010?

A

SA v. PA 2014

78
Q

What are Qualifying Nuptial Agreements?

A

Enforceable contracts which would enable the couples to make binding arrangements for the financial consequences of divorce or dissolution.

Family law (8 decks)

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