header-logo header-logo

Balancing act

05 October 2012 / Claire Sanders
Issue: 7532 / Categories: Features , LexisPSL
printer mail-detail

Claire Sanders juggles discretion & fairness in marital disputes

The decision in R v R [2012] EWHC 2390 (Fam), [2012] All ER (D) 85 (Sep) provides a helpful reminder of the approach taken by the courts when exercising discretion to achieve a fair outcome having regard to the factors set out in the Matrimonial Causes Act 1973, s 25(2).

The parties married in 1983. There was a dispute about the date of separation with the court preferring the wife’s evidence that the parties separated in 2010. At the time of the separation the wife’s financial position was “dire”. She was subject to an individual voluntary arrangement (IVA) and had additional significant debts attributable to the closure of her solicitor’s practice. She had been indefinitely suspended by the Solicitors Disciplinary Tribunal and had suffered significant physical and mental ill health issues.

The husband’s position was, in contrast, secure. He was the majority shareholder in Z Ltd (the company), from which he was able to draw significant earnings. In the financial year ending 2010, his average monthly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll