Family Law Hub

Property Interests

Latest updates

  • Claims for financial remedies after divorce. Everything that the parties now possessed had been built up during the course of the marriage, including a successful mobile telephone business. The litigation had been highly destructive and the husband had been largely responsible for that situation. The only way that Cohen J could be confident that the wife and children would be properly provided for was for the beneficial interest in the business to be transferred to the wife. Properties in London and Miami were divided between them. Judgment, 23/12/2019, free
  • The husband had been ordered to pay the former wife a lump sum of £20m in full and final settlement of her claims. Eleven years later, not a penny had been paid. A without notice order had been made appointing receivers of shares in a Spanish company, of which the husband had been found to be the beneficial owner. This receivership order was set aside following an application by other parties, and the wife now appealed against the set-aside order. Baker LJ decided that the judge had been wrong to set it aside on the mere assertion by the other parties that they were the owners of relevant shares. A third party could not expect to receive the protection of the court if it wasn't prepared for the rights it claimed to be scrutinised. Arguments on limitation, jurisdiction and estoppel also failed. Moylan LJ and Longmore LJ agreed, and the receivership order was restored, the latter adding that the application to set aside the receivership order had been misconceived from the start. Judgment, 23/12/2019, free
  • The Court of Appeal recently gave judgment in Read v Panzone & Anor [2019] EWCA Civ 1662, an appeal concerning s37 of the Matrimonial Causes Act 1973. The Court gave significant warnings to first instance judges about the dangers of making findings of fact on alternate bases: although judges may be tempted to take this ‘belt and braces’ approach, it may simply muddy the waters and confuse the issues for the parties. News, 06/12/2019, free
  • The district judge had found that the husband was the beneficial owner of a Panamanian property, held by a company of which his mother owned all the shares. King LJ found that there had been no procedural irregularity in that finding, and it was not contaminated by an avoidance of disposition order that had also, erroneously, been made. Moylan LJ and Leggatt LJ agreed, with the latter also observing that judges should be careful, when given alternative bases for their decisions, not to introduce confusion into what would otherwise be straightforward factual findings. Judgment, 11/10/2019, free
  • The couple married in 2016 after a long relationship, and the husband died later that year. The appeal was concerned with whether an application under s 2 of the Inheritance (Provision for Family and Dependants) Act 1975 could be made out of time, whether a beneficial interest under a discretionary trust instead of outright provision amounted to reasonable financial provision, and the relevance of a "stand-still agreement" in place while an out of court settlement was pursued. Asplin LJ found that the explanation for the lapse of time in this case was clear, and it had been wrong of the judge to find that the wife had received sufficient advice about the time limit and the 1975 Act. King LJ and Baker LJ agreed. The court exercised the power in s 4 of the 1975 Act to allow the wife to bring a claim out of time. Judgment, 31/07/2019, free

Latest know-how

Latest training

  • Lynsey Cade-Davies and Amber Sheridan of 29 Bedford Row review current developments in cohabitation law including an update on recent cases, proprietary estoppel after Southwell v Blackburn, the Cohabitation Rights Bill and points to remember when handling cases in the civil courts. Webcast, 16/03/2015, members only
  • Christopher Wagstaffe QC, 29 Bedford Row, addresses three main questions which arise in TLATA claims, quite apart from any Schedule 1 considerations. Webcast, 07/04/2014, members only
  • Watch a recording of the webinar, first broadcast on 14 March 2013. Webcast, 18/03/2013, members only
  • Webcast, 11/01/2012, members only

Latest sources

  • For use in registering joint ownership of property at the time of acquisition Form (external), 15/01/2013, free

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item