Podcast Location:
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Categories:
Family Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part podcast series is aimed at ancillary relief lawyers interested in the impact of the current economic climate on valuing and dividing matrimonial assets.

Part One will consider some recent ‘credit crunch’ cases to exemplify the impact of the economic climate on divorce settlements and how the courts have approached the issues that have arisen as a result of market fluctuations and significant depletion of asset values following the onset of recession. It will also begin to consider how courts will deal with the decline of assets in a marriage and how to approach volatile asset values. It will look at the pros and cons of ongoing periodical payments or capitalised maintenance in an unstable climate.

Part Two will give practical guidance for practitioners regarding the valuation process. It will look at the role experts play in such cases particularly with the valuation of business assets and property. It will also consider how bankruptcy and insolvency will be approached in ancillary relief proceedings.

Outcomes:
After completing the course you will:
  • Understand the impact of the ‘credit crunch’ on divorce settlements;
  • Be aware of some of the pertinent authorities on the topic;
  • Understand how asset valuation will be impacted by the current economic climate;
  • Be aware of the impact of a decline of assets during a marriage;
  • Know the issues regarding ongoing periodical payments and capital maintenance during a recession.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Barder v Barder (Caluori Intervening) [1988] AC 20;
  • CR v CR [2007] EWHC 3334 (Fam);
  • Dixon v Marchant [2008] EWCA Civ 11;
  • Family Procedure Rules 2010;
  • H v H [2008] EWHC 935 (Fam);
  • H v H [2008] EWHC 935 (Fam), [2008] All ER (D) 415 (Apr);
  • Hill v Haines [2008] 1 FLR 1192;
  • Horne v Horne [2009] EWCA Civ 487;
  • Jones v Jones[2011] 1FCR 242;
  • Judd v Brown [1998] 2 FLR 360;
  • Marano v Marano [2010] EWCA Civ 119;
  • Matrimonial Causes Act 1973;
  • Miller v Miller; McFarlane v McFarlane [2006] UKHL 24;
  • Milton v Milton [2008] EWCA Civ 926;
  • Mountney v Treharne [2002] EWCA Civ 1174;
  • Mullard v Mullard [1982];
  • Myerson v Myerson [2009] EWCA Civ 282;
  • Platt v Platt [1976];
  • Re Bailey [1977] 1 WLR 278;
  • Re Bremner [1999] 1 FLR 912;
  • Re Holliday [1981] 3 All ER 353;
  • Soulsbury v Soulsbury (2008) 1 FLR 90;
  • Walkden v Walkden [2009] EWCA Civ 627;
  • Warwick (formerly Yarwood) v Trustee in Bankruptcy of Yarwood [2002] EWHC 2272 (Ch) (2010) 3 FCR 311;
  • Wells v Wells [2002] EWCA Civ 476;
  • Whig v Whig [2008] 1 FLR 453;
  • Xydhias v Xydhias [1999] 2 All ER 386.
Tags:

This two-part podcast series looks at the impact of the current economic climate on valuing and dividing matrimonial assets. It considers some recent ‘credit crunch’ cases and sets out some practical considerations for practitioners regarding valuations in a volatile climate, how to use experts efficiently to value property and business assets and the impact of bankruptcy and insolvency on spouses seeking divorce and ancillary relief.

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