ICAEW.com works better with JavaScript enabled.

Continue reading

The value of matrimony?

Nick Baker, Matrimonial Forensic and Investigation Services at Mazars, considers recent developments in matrimonial disputes and how these have changed the nature of their work.

Recent developments in UK case law have led to significant changes in the way that assets are divided between the separating parties in divorce cases. Courts are looking to achieve a fair solution in divorce settlements by recognising the specific contribution that both parties have made to the marriage over its term.

In the landmark case of White v White (2000), a partnership model (divided fairly) rather than a needs model (determining the individual needs of the parties) was used and Mrs White received 40% of the family assets. This ultimately resulted in the sale of the family-run farm. Previously, the court would not have ordered the disposal of a business. This case marked the most fundamental change in relevant laws since the 1970s.