Matrimonial Finance - A Box Set of 6 Essential Modules

Introduction

This box set of 6 online modules presented by Katharine Bundell and Mark Ablett includes 6 x 30 minute modules which will be of interest to anyone involved in the area of matrimonial finance.

Module 1 Spousal Maintenance with Reference to MPS: Katharine Bundell

This module is a highly focussed update on spousal maintenance with some particular reference to the economic circumstances produced by the global pandemic. It involves updates on the very recent case law after some examination of the structure of orders in the current climate.

It will consider the following:

• The types of orders available
• How orders now tend to be structured, which has changed in the last few years particularly; stepped orders are now the norm, and were unusual 5 years ago
• How needs are seen in the current climate
• Recent authority on maintenance pending suit, how cases should be managed at this early stage and the recent jurisprudence on approach
• Recent authority on activation of a nominal maintenance orders in light of the effects of the pandemic

Module 2 Capital Division and Marital Acquest: Katharine Bundell

This module is an update on capital division and where we are on marital acquest, with particular reference to WX v HX (Treatment of Matrimonial and Non-Matrimonial Property) and WC v HC [2022].

The module will include the following:

• The background to the cases and why the judgments are so important
• How to determine what is marital acquest especially assets used or managed or somehow touched by the other party during the relationship
• Consideration of division and needs

Module 3 Give Me My Share:Katharine Bundell

This module is an update on various recent cases affecting shareholdings and the issues that can arise with this singular asset in financial remedy cases.

The module will include the following:

• The back catalogue of cases on risk laden assets and the treatment of shareholding valuations
• Some of the specific issues which are affecting valuations during the pandemic
• Shares transferred to third parties or other attempts to put them out of reach
• How the court will treat the transfers, and process and options if shares are held by a bare trustee with reference to some recent case law

Module 4 Chattels and Pets :Mark Ablett

This module will consider the law attaching to chattels, such as house contents, and pets in the context of a financial remedy claim. Often these are the most contentious and disproportionate elements to a contested financial remedy claim and this module will enable you to navigate clearly the legal structure of such arguments.

The module will include the following:

• The law on ownership of chattels
• Contested applications for transfer of chattels
• Contested applications for pet ownership
Are pet-nups a concept?

Module 5 Pensions:Mark Ablett

This module will look at the law attaching to pension sharing in light of PAG2 and subsequent authorities, considering what has changed since PAG1 and whether W v H remains good law. This module will bring you up to date with the latest case law on pension sharing and consider whether we should now be approaching division on equality of capital or income.

The module will include the following:

• PAG2
• Subsequent authorities
• Inter-relation with PAG1
• Approach to division: capital or income?
• Approach to ring-fencing

Module 6 Third Party Interests in Financial Remedy Proceedings:Mark Ablett

This module will address the thorny issue of when third parties become drawn into financial remedy disputes. This invariably can cause more problems than it solves and often overcomplicates proceedings to the point where the costs outweigh the benefit.

The module will include the following:

• Treatment of family loans in light of P v Q and relevant pointers
• What to do where there is a property jointly owned with a third party, to include whether a preliminary issue hearing is always the right way

This webinar was recorded on 7th March 2023

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