Matrimonial Finance - 2024 Virtual Conference

Introduction

Chaired by Gavin Smith, this live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: ADR and Financial Remedies Update

Chair: Gavin Smith, 1 Hare Court Chambers

• Recent developments in non-court dispute resolution:
• Amendments to FPR Parts 3 and 28 - promotion of non-court dispute resolution
• Churchill v Merthyr Tydfil CBC [2023] EWCA 1416 - court’s powers in civil proceedings to order parties to take part in non-court dispute resolution.
• Important recent financial remedy cases
• An update of the Rules and Practice Directions amendments.

Morning Break

11:10am-12:10pm: Nuptial Agreements - Latest Case Law

Shivi Rajput, Charles Russell Speechlys LLP

Since the 2010 decision in Radmacher v Granatino, more and more nuptial agreements are coming before the courts of England and Wales.

This session will explore the recent case law concerning pre and post nuptial agreements, examining what weight should be attributed to them and the circumstances in which they can be challenged.

12:10pm-1:10pm: Costs in Family Proceedings

Eleanor Harris, 1 Hare Court Chambers

Costs orders are increasingly made in financial remedy proceeding.

This session will cover costs at all stages of the proceedings and in particular:

• Costs in interim and other applications where the no order principle does not apply
• Treatment of costs in LPSO applications
• In substantive financial remedy proceedings:
• Costs disparity, excessive costs and unpaid costs: how they are treated by the courts
• Costs orders and needs based awards
• Issue-based costs orders

Break for lunch

2-3pm: Divorce and Domicile

Jeremy Mindell, Primondell

Independent domicile for husbands and wives has been a feature of the domicile system since 1974. However, divorce can affect an individual’s legal domicile. It can also trigger changes in domicile if individuals move country.

However, there is a wealth of case law from Clore to Collar which indicate that changing domicile is not straightforward even for divorcees.

This session goes through domicile considerations and how separation and divorce may affect them.

Afternoon break

3:15-4:15pm: Marriage & Form 17

Jeremy Mindell, Primondell

The Arctic Systems case 20 years ago reenforced the point that husbands and wives have considerable flexibility in dividing their income and capital for tax purposes.

This session considers the use of Form 17 to diverge away from the default 50/50 sharing of income. It goes through occasions where Form 17 can be used and is appropriate. It also looks at circumstances where Form 17 cannot be used.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.