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Matrimonial disputes
In a divorce or separation, the business owned by one (or both) of the parties may be a significant asset.
The core legislation for divorce, judicial separation and nullity of marriage can be found in the Matrimonial Causes Act 1973. Over time this Act has been adapted in order to help the court achieve a clean break for the parties. The interpretation of the Act placed emphasis on the needs of the parties. Where assets were substantial this meant that typically a former wife would receive a fraction of the matrimonial property and maintenance. However, recent case law, such as the House of Lords ruling in the landmark case of White v White (2000), has made significant changes to the approach of the court when ruling on the division of assets. This ruling meant that as a general guide the judge should start with an equal division of the matrimonial assets and this will include any pension arrangements. Click on the case name to see ancillary relief cases of interest since White v White:
2007 |
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2006 |
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Charman v Charman (High Court) |
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Miller v Miller & McFarlane v McFarlane (House of Lords) |
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Charman v Charman (Court of Appeal) |
2004 |
McFarlane/Parlour (Court of Appeal) |
2002 |
Lambert v Lambert (Court of Appeal) |
2001 |
Cowan v Cowan (Court of Appeal) |
2000 |
White v White (House of Lords) |
Rule 2.61C of the Family Proceedings Rules 1991 provides that the court must give permission for expert evidence to be given. The court will only give permission if expert evidence is reasonably required and justified under the Rules.
Angela Hennessey has given written expert evidence in several divorce cases where there were substantial assets as stake.
She can offer the following services:
- Valuation of shares or business for court purposes
- Valuation of pension rights
- Assistance with negotiation to achieve a settlement
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Dispute resolution
Matrimonial dispute: case
studies
