Marilyn Stowe Blog

Archive for the Finances and Divorce category

Types of trust – and a touch of Christmas spirit

Covent Garden is terrible for traffic jams and my taxi was stuck outside the Garrick Club earlier this week. Although the establishment is notorious for not admitting women, it is also famous for its associations with the great and the good of the arts world. Charles Dickens was a member and kept his offices nearby. Looking around, I noticed an Ebenezer Scrooge quotation in a shop window: “I will honour Christmas in my heart, and try to keep it all the year”.

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Meeting “reasonable needs”: matrimonial v non-matrimonial assets

Readers of this blog will know that in any financial divorce settlement, the court must ensure that so far as possible, within the context of their finances, both parties’ “reasonable needs” must be met. Basic reasonable needs include provision for housing, furniture, a car and a budget for income requirements. It follows that the greater the parties’ wealth, the greater their needs will be. In meeting the needs of each party, the court will apply the various relevant factors of section 25 of the Matrimonial Causes Act 1973.

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The Experts: Maintenance law must be clarified

Spousal maintenance is the most contentious area in family finance. Ex-husbands bitterly resent paying it and ex-wives fight tooth and nail to keep it. It is a tax-free income that some see as a continuing windfall and others a hard-earned necessity.

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What happens to an inheritance in the event of divorce?

When a spouse’s wealth has been inherited rather than earned, it cannot be regarded in any sense as truly “matrimonial”. So if the couple divorces, to what extent should one party share in the assets of the other?

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How changes to European law will affect pensions and divorce

European law can be a strange thing. There is the often quoted example of the required size and shape of bananas, or the Brussels dictat that a Cornish pasty must be in the traditional ‘D’ shape to be truly considered Cornish. But the case …

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When divorce costs spiral, where does the responsibility lie?

It was with some personal discomfort that I read the quotation from a recent article of mine in Family Law, as cited by Lord Justice Wilson in the appeal before the Court of Appeal of Jones v Jones.

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Why would a “very rich woman” fight for a larger divorce settlement?

A friend of mine, barrister Ashley Murray of Oriel Chambers in Liverpool, was recently quoted by Lord Justice Wilson in a Court of Appeal judgement in the case of Jones v Jones. Reading of Ashley’s …

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Divorce and bankruptcy: why we all need a “BOGWIT” order

Guest blogger Jonathan James of Stowe Family Law writes a salutary reminder in this post about the perils of sustained delay, a complex and highly topical issue that has been brought into relief by recent changes to the way inflation is measured in relation to pensions. Were the lawyers in the case he mentions blind to the dangers that bankruptcy might cause a divorce? The delay was caused by the …

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Postnuptial agreements and “America’s Messiest Divorce”: what would happen here?

This week I read a fascinating piece in U.S. Marie Claire magazine, by Justine Musk. “I Was a Starter Wife”: Inside America’s Messiest Divorce describes her marriage to the fabulously wealthy entrepreneur Elon Musk. He is the co-founder of Paypal, co-founder of electric car company Tesla Motors and CEO of SpaceX, which manufactures space launch vehicles. His fortune was estimated at $328 …

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Imerman v Tchenguiz in the real world: one reader’s dilemma

A blog reader, Paul, commented on a recent post about Imerman v Tchenguiz and the Court of Appeal’s decision in that case. In the post, I touched briefly on the potential to restrain a lawyer who …

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Divorce questions? Join me for a Live Q&A

As previously noted, many first-time visitors to this blog arrive here after typing their questions about divorce and family law directly into Google and other search engines. I also receive a …

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Litigation funding: are brokers really “rescuers”?

I was interested to read in The Times that a barristers’ chambers in London has set up a company that will arrange funding in divorce cases: “Steve Jones, its business development manager, says: “It’s a way of reducing the balance between …

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Divorcing a bully – and seeking an Indemnity Costs order

Suppose that you are going through a very nasty financial case in the course of your divorce. Suppose that your former spouse is behaving very badly during this process. Suppose you both know that …

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Family litigation & death: what happens next? By guest blogger Jonathan James

One of the saddest realities of family litigation is that a death is not necessarily the end of the arguments. The majority of family litigation concerns a fair division of the property acquired …

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So you’re divorcing and the housing market has stalled. Now what? By guest blogger Andrea Essen.

Local and national newspapers are filled with page after page of houses that are failing to sell. Those who don’t have to sell simply aren’t – it is a buyer’s market and the price a seller asks for is unlikely to be what they receive.  At Stowe Family Law we are witnessing how the recession-hit property market is affecting clients who are separating or divorcing. Saturday’s Daily …

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About Marilyn

Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 25 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK.

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Note

I write for the benefit of those who are experiencing family breakdown and for fellow family law professionals. Please note that all persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients.

Please also note the advice I give in each scenario must not be relied upon by anyone reading my blog. You must always take your own legal advice as your circumstances may be different and English family law is continually changing.

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