Family Law Unlocking Law Series

Unlocking Matrimonial Assets on Divorce, 3rd edition

Edited by Simon Sugar · Andrzej Bojarski
Family Law LexisNexis September 2012

Specifications

ISBN-13
9781846612862
Publisher
Family Law LexisNexis
Publication
September 2012
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A practical and user friendly guide to the more challenging areas of ancillary relief practice.


This book is divided into ten detailed parts and contains specialist contributions from a forensic accountant and an actuary. The book contains a new section on insolvency, debt and market volatility to assist practitioners in dealing with the consequences of the credit crunch. In concentrating on complex areas of practice, this book provides practitioners with assistance in unlocking assets for the benefit of their client. This edition has been fully updated to take account of recent changes in case law and the impact for practitioners.
Unlocking Matrimonial Assets on Divorce is an eminently practical publication aimed at specialist ancillary relief practitioners and also those lawyers who only intermittently undertake work in the area.

Table of Contents

Evidence
  • The Law of Evidence in Ancillary Relief Proceedings 
Disclosure
  • Disclosure in Ancillary Relief Proceedings 47
  • Disclosure from the Parties
  • Disclosure from Non-Parties 
Dissipation of Assets
  • Preventing Dissipation of Matrimonial Assets
  • Setting Aside Dispositions 
Property
  • Ownership of Matrimonial Property
  • Real Property and the Former Matrimonial Home
  • Other Forms of Property 
Businesses
  • Companies
  • Partnership
  • Farms
  • Raising Finance from Business Assets 
Trusts 
Inherited Assets, Gifts and Non-Matrimonial Property
  • Non-Matrimonial Property
  • Property Already Acquired through an Inheritance
  • Future Inheritance Prospects 
Pensions
  • Types of Pensions
  • Pension Orders on Divorce
  • Valuation of Pensions 
Tax Implications and Planning 
Dealing with Ancillary Relief in Uncertain Economic Conditions
  • Insolvency and Ancillary Relief
  • Asset Valuation During Times of Economic Instability
  • Using Ancillary Relief Orders at Times of Economic Uncertainty 
Appendices
  • Companies (Tables A to F) Regulations 1985, SI 1985/805
  • Financial Measures and Statistics
  • Calculating Financial Ratios
  • Tax Rates, Limits and Reliefs
  • Family Proceedings Rules 1991, SI 1991/1247 595
  • Matrimonial Causes Act 1973
  • Divorce etc (Pensions) Regulations 2000, SI 2000/1123
  • Pensions on Divorce etc (Provision of Information) Regulations 2000, SI 2000/1048
  • Sharing of State Scheme Rights (Provision of Information and Valuation) (No 2) Regulations 2000, SI 2000/2914
  • Useful Information to Request when Preparing a Business Valuation
  • Draft Letter of Instruction to a Forensic Accountant

About the Author

Simon Sugar, Barrister, 1 Garden Court, London
Andrzej Bojarski, Barrister, 36 Bedford Row, London
With contributions by David Liddell and David Lockett

Reviews

"a must have book for thoses who are seriously intrested in ancillary relief, it reads relatively easily and explains in well thought out chapters the legal principles with helpful analysis ... extremely helpful chapters ... worth reading through from beginning to end"
Jeff Botterill
"There are some text books which arrive on the market which almost instantly find a place on a practitioner's desk, destined to become a well thumbed and trusted aid.Unlocking Matrimonial Assets on Divorce is one of those books... This book gives the practitioner a head start when considering what to look for in the other party's disclosure, their Form E, what questions to ask, and so on... one of those books where practitioners would benefit form reading it from cover-to-cover... highly readable... This book is already a permanent fixture on my desk and I suspect is destined to arrive on most busy practitioners' desks"
Resolution
"invaluable ... for both novice and experienced matrimonial finance practitioners"
ALC
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