It has been reported by the Daily Mail this afternoon that a man who received the sum of £500,000.00 by way of compensation following a car crash five years before he met his wife has been ordered by the court to pay over £285,000.00 of that money to his now ex wife as part of a financial settlement on divorce.
The Judge in this case appears to have classed the husband’s compensation as part of the matrimonial assets.
This is an unusual case, and begs the question can it be fair that the husband now faces financial hardship by losing an asset that not only was provided as compensation for his disability, but one that he received before he met his ex wife?
The husband has now been granted permission to appeal against this ruling.
http://www.dailymail.co.uk/news/article-1354470/Divorce-judge-orders-crash-amputee-hand-500-000-compensation-ex-wife.html
Anne Thomas, Legal Executive, Hart Brown
Showing posts with label family. Show all posts
Showing posts with label family. Show all posts
Monday, 7 February 2011
Wednesday, 8 December 2010
Family breakdown on the increase
A report has been published highlighting the increase in the breakdown of the relationships of cohabiting couples with children.
The report states that half of all children born today will see their parents separate before they reach the age of 16 and that unmarried couples account for 59% of family break ups. There are suggestions that couples should be encouraged to marry, thus strengthening the commitment to the relationship and reducing the likelihood of a family breakdown, which in turn would affect the children of such a relationship.
At Hart Brown, we deal with the many issues that can arise concerning children following the breakdown of a relationship and often, such issues can be distressing to all those concerned.
Should more couples be encouraged to marry in order to try to reduce the level of family breakdowns? Let us know what you think.
Article:-
http://www.dailymail.co.uk/news/article-1336318/Half-children-parents-split-reach-age-16.html
Anne Thomas, Legal Executive, Family Department, Hart Brown
The report states that half of all children born today will see their parents separate before they reach the age of 16 and that unmarried couples account for 59% of family break ups. There are suggestions that couples should be encouraged to marry, thus strengthening the commitment to the relationship and reducing the likelihood of a family breakdown, which in turn would affect the children of such a relationship.
At Hart Brown, we deal with the many issues that can arise concerning children following the breakdown of a relationship and often, such issues can be distressing to all those concerned.
Should more couples be encouraged to marry in order to try to reduce the level of family breakdowns? Let us know what you think.
Article:-
http://www.dailymail.co.uk/news/article-1336318/Half-children-parents-split-reach-age-16.html
Anne Thomas, Legal Executive, Family Department, Hart Brown
Friday, 22 October 2010
Pre-nuptial agreements
Yesterday, the long awaited decision in the Radmacher v Granatino case was announced by the Supreme Court, the highest court in England.
The court said that pre-nup agreements should be followed where they had been “freely entered into by each party with a full appreciation of implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”.
Ms Radmacher (whose fortune is estimated to be £100 million) and Mr Granatino had signed a pre-nup stating that neither would make a financial claim against the other in the event of a divorce. However, the agreement did not anticipate children.
Mr Granatino was awarded a sum to pay his debts, a regular child maintenance sum (for when the children stayed with him) and two sums to purchase a house in London and Germany, with the ownership of both properties reverting to Ms Radmacher once the children had grown up. He received no share of his wife’s fortune in accordance with the pre-nup.
However, was this decision fair and would the award have been higher if it had been a woman in Mr Granatino’s position? Let us have your views!
Find out more about Hart Brown's family department
Read more about the Author of this article, Natasha Crocker.
The court said that pre-nup agreements should be followed where they had been “freely entered into by each party with a full appreciation of implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”.
Ms Radmacher (whose fortune is estimated to be £100 million) and Mr Granatino had signed a pre-nup stating that neither would make a financial claim against the other in the event of a divorce. However, the agreement did not anticipate children.
Mr Granatino was awarded a sum to pay his debts, a regular child maintenance sum (for when the children stayed with him) and two sums to purchase a house in London and Germany, with the ownership of both properties reverting to Ms Radmacher once the children had grown up. He received no share of his wife’s fortune in accordance with the pre-nup.
However, was this decision fair and would the award have been higher if it had been a woman in Mr Granatino’s position? Let us have your views!
Find out more about Hart Brown's family department
Read more about the Author of this article, Natasha Crocker.
Wednesday, 22 September 2010
Judge says that children are damaged by divorcing parents
This morning on the BBC Breakfast News, comments made in a speech by a senior family judge, Sir Nicholas Wall were discussed.
The speech was made to the charity Families Need Fathers. In the speech, he said that parents “do not realise the damage they do to their children” and that a child’s self worth can be “irredeemably damaged” if one parent makes it clear to the child that their other parent is worthless. He also said that parents find it hard to understand that even though they have separated from their spouse, their children will still love and be loyal to both of them.
Discussing the matter this morning, Liz Edwards from Resolution said that parents don’t have enough information on how to manage their relationship with an ex-spouse going forward. Craig Pickering from Families Need Fathers advised for parents to seek help on separation.
As commented by Liz Edwards, parents should consider what they want to achieve and then consider what the effect will be on the children. Perhaps easier said than done for separating spouses when emotions are raw? However, with the support of an understanding lawyer, this can be much more achievable than one might think.
At Hart Brown, our lawyers are Resolution (which was formerly known as the Solicitors Family Law Association) accredited and we understand that separation can be a difficult time for both parents and children. We will work with you to find practical solutions and to help minimise the negative impact on children.
Link to BBC article: http://www.bbc.co.uk/news/education-11380470
Read more about Hart Brown's Family Department
The speech was made to the charity Families Need Fathers. In the speech, he said that parents “do not realise the damage they do to their children” and that a child’s self worth can be “irredeemably damaged” if one parent makes it clear to the child that their other parent is worthless. He also said that parents find it hard to understand that even though they have separated from their spouse, their children will still love and be loyal to both of them.
Discussing the matter this morning, Liz Edwards from Resolution said that parents don’t have enough information on how to manage their relationship with an ex-spouse going forward. Craig Pickering from Families Need Fathers advised for parents to seek help on separation.
As commented by Liz Edwards, parents should consider what they want to achieve and then consider what the effect will be on the children. Perhaps easier said than done for separating spouses when emotions are raw? However, with the support of an understanding lawyer, this can be much more achievable than one might think.
At Hart Brown, our lawyers are Resolution (which was formerly known as the Solicitors Family Law Association) accredited and we understand that separation can be a difficult time for both parents and children. We will work with you to find practical solutions and to help minimise the negative impact on children.
Link to BBC article: http://www.bbc.co.uk/news/education-11380470
Read more about Hart Brown's Family Department
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