The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
Emma Hitchings, Senior Lecturer, School of Law, Bristol University.
This article presents preliminary findings from a study funded by the Nuffield Foundation through their small grants scheme. The focus of the study was to examine the impact of recent ancillary relief jurisprudence in the 'everyday' ancillary relief case. The research is particularly timely given the comments from the highest echelons of the judiciary in Charman v Charman (No 4)  EWCA Civ 503,  1 FLR 1246, where a Court of Appeal consisting of the President of the Family Division, Wilson and Lloyd LJJ called for a review of the law based on the changing needs of society. Despite such calls, little attention has been paid to the everyday ancillary relief case and, in particular, whether the big money case-law has had any impact in the 'run-of-the-mill' case.
For the full article, see September  Family Law journal.
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