Law and Rights
Update 27th February: Law Commission Report - Matrimonial property, Needs and Agreements
"Men have every right to feel disillusionment with the family courts system" argues Philippa Dolan in the Law Society Gazette 24th February - Women and Children First. For years family lawyers have known it to be true: men get a raw deal when they divorce in England and Wales. Scotland has a different appoach to money in divorce and women rarely get the joint lives order (aka "meal ticket for life") that we still see here. Also, the prejudice against men is not confined to finance. There is not a level playing field when it comes to deciding whether children should have their primary homes with their mothers or fathers.
The author of the article bases her views on years of dealing with the family courts, mainly in London. Our capital city is not the divorce capital of the world for nothing. Wives with tenuous connection to the city jump through hoops to avail themselves of our wife-friendly judges. As Boris Johnson said in November 2012: 'I have no shame in saying to the injured spouses of the worlds' billionaires, if you want to take him to the cleaners ... take him to the cleaners in London because London cleaners will be grateful for your business.'
The author notes that our legislation is neutral.
The Matrimonial Causes Act 1973 section 25 contains an exhaustive yet flexible list of relevant factors when determining financial claims on divorce. The Children Act 1989 section 1 makes it clear that the court's job is to establish the child's best interests and then to protect them. Although the legislation is gender neutral, the courts are not.
After the House of Lords decision in White v White 2000 (establishing an equal sharing principle for sharing assets on divorce), wealthy husbands began trying to protect themselves with so-called pre-nuptial agreements. These were rarely effective here until the Supreme Court case of Radmacher v Granatino 2010 where a very wealthy German heiress succeeded in persuading the court to uphold her marriage contract.
A complex situation arose in Prest v Petrodel 2013. Here, in the view of the Gazette article, the Supreme Court "were terribly concerned at the prospect of keeping Mrs Prest out of a substantial fortune that had been tied up in corporate structures during the marriage with a view to saving tax. The author claims that the judges were determined to protect Mrs Prest at the expense of judicial clarity.
On 27th February, the Law Commission is to publish proposals relating to pre nuptial agreements though they would be termed "marital property agreements" and see the Marilyn Stowe blog Law Commission plans prenuptial agreements law
Of course, it is high profile divorce cases involving the famous or wealthy which make headlines! Nevertheless, there are certainly cases where parties to any marriage might wish to make a marital property agreement. One example is where people enter into second (or subsequent) marriages and wish to protect the inheritance rights of the children of their earlier marriage.
Baroness Deech has presented a Bill to provide that only property acquired after marriage be divided on divorce.
- Many States Embrace Change In Alimony Laws
On behalf of Edwards & Associates posted in Divorce on Friday, August 26, 2011 Americans tend to have a general idea about the rate of divorce in the country, but new information gathered by the recent Census allows Americans to view...
- Kelsey Grammer Closer To Becoming Officially Divorced
On behalf of Edwards & Associates posted in Property Division on Tuesday, February 8, 2011 Kelsey Grammer and Camille Grammer appear to be one step closer to making their divorce official. The story of Kelsey and Camille's marriage and divorce...
- Equitable Distribution: The Marital Interest In A Non-marital Property Or Premarital Home
As couples marry later in life or have second marriages, one or both of the parties may already own a home. As a result, in many divorce cases, the parties live in a home owned solely by one of the parties. In these cases, a common question is whether...
- Be Prepared: Get A Prenup Before Saying "i Do"
Most people like to think that they are prepared for the obstacles that they will face in life. Like the Boy Scout motto, Americans like to ?be prepared.? And, just in case we are asleep at the wheel, there are people constantly reminding us every...
- Divorce Statistics, Joint Custody, And Time-sharing
Professor Anne-Marie Ambert recently published a study that detailed some interesting Canadian divorce statistics. Canadian divorce rates divorce rates peaked in 1987, went down over time, and are now holding somewhat steady. First marriages...
Law and Rights
Women and children first ~ Gender neutraility in the family courts ~ Marital property agreements
"Men have every right to feel disillusionment with the family courts system" argues Philippa Dolan in the Law Society Gazette 24th February - Women and Children First. For years family lawyers have known it to be true: men get a raw deal when they divorce in England and Wales. Scotland has a different appoach to money in divorce and women rarely get the joint lives order (aka "meal ticket for life") that we still see here. Also, the prejudice against men is not confined to finance. There is not a level playing field when it comes to deciding whether children should have their primary homes with their mothers or fathers.
The author of the article bases her views on years of dealing with the family courts, mainly in London. Our capital city is not the divorce capital of the world for nothing. Wives with tenuous connection to the city jump through hoops to avail themselves of our wife-friendly judges. As Boris Johnson said in November 2012: 'I have no shame in saying to the injured spouses of the worlds' billionaires, if you want to take him to the cleaners ... take him to the cleaners in London because London cleaners will be grateful for your business.'
The author notes that our legislation is neutral.
The Matrimonial Causes Act 1973 section 25 contains an exhaustive yet flexible list of relevant factors when determining financial claims on divorce. The Children Act 1989 section 1 makes it clear that the court's job is to establish the child's best interests and then to protect them. Although the legislation is gender neutral, the courts are not.
After the House of Lords decision in White v White 2000 (establishing an equal sharing principle for sharing assets on divorce), wealthy husbands began trying to protect themselves with so-called pre-nuptial agreements. These were rarely effective here until the Supreme Court case of Radmacher v Granatino 2010 where a very wealthy German heiress succeeded in persuading the court to uphold her marriage contract.
A complex situation arose in Prest v Petrodel 2013. Here, in the view of the Gazette article, the Supreme Court "were terribly concerned at the prospect of keeping Mrs Prest out of a substantial fortune that had been tied up in corporate structures during the marriage with a view to saving tax. The author claims that the judges were determined to protect Mrs Prest at the expense of judicial clarity.
On 27th February, the Law Commission is to publish proposals relating to pre nuptial agreements though they would be termed "marital property agreements" and see the Marilyn Stowe blog Law Commission plans prenuptial agreements law
Of course, it is high profile divorce cases involving the famous or wealthy which make headlines! Nevertheless, there are certainly cases where parties to any marriage might wish to make a marital property agreement. One example is where people enter into second (or subsequent) marriages and wish to protect the inheritance rights of the children of their earlier marriage.
Baroness Deech has presented a Bill to provide that only property acquired after marriage be divided on divorce.
I introduced in the Lords today my Bill to make prenups binding;to provide that only property acquired after marriage be divided on divorce
? Ruth Deech (@BaronessDeech) February 25, 2014
- Many States Embrace Change In Alimony Laws
On behalf of Edwards & Associates posted in Divorce on Friday, August 26, 2011 Americans tend to have a general idea about the rate of divorce in the country, but new information gathered by the recent Census allows Americans to view...
- Kelsey Grammer Closer To Becoming Officially Divorced
On behalf of Edwards & Associates posted in Property Division on Tuesday, February 8, 2011 Kelsey Grammer and Camille Grammer appear to be one step closer to making their divorce official. The story of Kelsey and Camille's marriage and divorce...
- Equitable Distribution: The Marital Interest In A Non-marital Property Or Premarital Home
As couples marry later in life or have second marriages, one or both of the parties may already own a home. As a result, in many divorce cases, the parties live in a home owned solely by one of the parties. In these cases, a common question is whether...
- Be Prepared: Get A Prenup Before Saying "i Do"
Most people like to think that they are prepared for the obstacles that they will face in life. Like the Boy Scout motto, Americans like to ?be prepared.? And, just in case we are asleep at the wheel, there are people constantly reminding us every...
- Divorce Statistics, Joint Custody, And Time-sharing
Professor Anne-Marie Ambert recently published a study that detailed some interesting Canadian divorce statistics. Canadian divorce rates divorce rates peaked in 1987, went down over time, and are now holding somewhat steady. First marriages...