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Family Law
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
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Course Aims:

This podcast looks at how the law on categorisation of assets in the context of divorce financial settlements has developed in recent years. It focuses on the way in which the courts have approached some of the more challenging questions that face lawyers in this dynamic and complicated area of family law, including when assets should be treated as marital, how to approach marital and non-marital assets, when needs will dominate and how this should be dealt with? It also looks at how the Law Commission is proposing to offer further clarity in place of the court based guidance that practitioners are currently reliant on.

After completing the course you will:
  • Be familiar with the concepts of ‘matrimonial’ and ‘non-matrimonial’ assets and how these will be treated in the divorce context;
  • Appreciate why the issue of categorisation can give rise to dispute in financial order proceedings;
  • Know how the courts have approached the question of categorisation and the approach to non-marital wealth and be familiar with the current position regarding the separate treatment of different assets;
  • Be aware of the Law Commission's proposals for reform in this area.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Sources and References:
  • AR v AR [2011] EWHC 2717 (Fam);
  • Charman v Charman [2007] EWCA Civ 503;
  • Jones v Jones [2011] EWCA Civ 41;
  • K v L [2011] EWCA Civ 550;
  • Law Commission Consultation Paper No 208, ‘Matrimonial Property, Needs and Agreements’;
  • Lawrence v Gallagher [2012] EWCA Civ 394;
  • Miller v Miller; McFarlane v McFarlane [2006] UKHL 24;
  • N v F [2011] EWHC 586 Fam;
  • Radmacher v Granatino [2010] UKSC 42;
  • S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam);
  • White v White [2000] UKHL 54.

In this CPDcast David Hodson, partner and joint founder of the International Family Law Group, discusses categorisation of assets in financial remedy proceedings.


Date Recorded: 19th September 2012

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