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Businesses on divorce: how does the sharing principle apply?

Date:28 MAY 2020
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Nicholas Fairbank and Clarissa Wigoder, 4 Paper Buildings

Looks at how courts deal with businesses in financial remedy cases, both principles of valuation and distribution.  Considers some of the common difficulties encountered in achieving a clean break, how to take risk into account when valuing a business, departure from equality within the sharing principle and exclusion of non-matrimonial elements of a business.  Analyses the recent Court of Appeal decision XW v XH [2019] EWCA Civ 2262 which reviewed this complicated but important area of financial remedies law.


The full article will be published in the June issue of Family Law

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