Cases concerning the
distribution of the family assets via financial orders, previously referred to
as ancillary relief, when there is inheritance involved, are some of the trickiest
types of divorce cases which family law practitioners will deal.
This essential family
law course will provide viewers with the knowledge and confidence required to handle
such cases effectively.
Consideration will be
given to Section 25 of the Matrimonial
Causes Act 1973, which governs financial settlement on divorce, along with case law developments surrounding whether
inheritance will need to be shared.
Lecturer Safda Mahmood
will ensure that viewers appreciate the importance of Lord Justice Wall’s family
law appeal ruling in the case of Robson v. Robson (2010) and the guidance which
this provides in respect of distribution in big money cases where the parties’ have
largely amassed their wealth from inheritance.
Safda will use this
example to explore other important factors including:
- The duration of the
marriage
- The duration of the
time the wealth had been enjoyed by the parties
- The parties’ standard
of living and the extent to which it has been afforded by and enhanced by
drawing on added wealth
In addition, the case of Alireza
v Radwan & Ors [2017], which went to the Court of Appeal in October 2017 and which raised the
question of what constitutes ‘financial resource’ for the purpose of S25
MCA1973, will also be discussed.