Since the Court of Appeal decision, we have been informed that Mr Justice Haddon - Cave has recently ordered a husband to pay the sum of # 453m to his ex-wife, equating to 41.5 % of the total
marital assets after ruling that the husband had not made a special contribution to the generation of marital assets, despite the assets allegedly totalling approximately # 1bn (see AAZ v BBZ, C Ltd and P Ltd [2016] EWHC 3234 (Fam), [2017] All ER (D) 91 (May)-RRB-.
Not exact matches
After equitably dividing
marital assets and liabilities between the parties, the court must decide the issue of alimony.
After awarding non-
marital assets and liabilities, the court then decides how to distribute
marital property accumulated during the marriage.
After we have found hidden
assets, we will value them and determine whether they are separate or
marital property.
The facts upon which Judge Bates relied was committed outside the presence of the court, as it involves actions in the repossession and sale of
marital assets which occurred in 2009,
after the separation of the parties.
For example, if you purchase a new car
after you are separated from your spouse, then according to the definition of
marital property, this car would not qualify as a
marital asset.
If one spouse causes a loss of
marital property during or
after the breakdown of the marriage, called a dissipation of
marital assets, the court may give the other spouse a larger portion of
marital assets since there are fewer
marital assets to distribute because of the loss.
Separate property includes an inheritance to one spouse during the marriage; property acquired by a partner before the marriage; passive income and appreciation acquired from separate property during the marriage; property acquired by one spouse
after a decree of legal separation; property excluded from the couple's
marital property by a premarital agreement; a spouse's personal injury compensation, except for loss of earnings during the marriage and compensation for expenses paid from
marital assets; and any gift given to only one spouse.
Marital property is defined as any property obtained during the course of the marriage and does not include inheritances, gifts or
assets acquired
after separation.
After all the pieces are in place and each of you has a complete picture of your
marital assets and debts, as well as your individual incomes and budgets, you can begin trying to negotiate a divorce settlement.
If you file for divorce
after January 1, 2013, your spouse must notify the court that he intends to pursue a claim for dissipation of
marital assets, and the court sets a limit as to how far back before your separation these claims can apply.
First, the spouse requesting maintenance must not have sufficient
assets to support herself, even
after the
marital assets are divided.
Assets obtained by either spouse
after the separation are not considered
marital property under state law.
Another is one spouse buying out the other often by trading the equity (net value
after the mortgage loan balance but not usually a real estate commission is calculated in) in the home against the value of other
marital assets that the other spouse wishes to keep.
Adults and children face a host of unfamiliar situations, including: • Ineffective negotiations on child custody,
marital assets, etc.; • Transitions to separate households and juggling the work - life balance; • Increased stress and the consequential emotional / physical issues; • Uncertainty about investments and wealth
after the split.
Ideally, though, the decision whether to sell or not should be part of the entirety of the legal and financial planning that goes into how you will divide the
marital property and
assets, and how you will pay your ongoing expenses
after separation and divorce.