Past Events

Double Event: It’s my (3rd) Party & I’ll Cry if I Want to! And A Meal Ticket for Life?

25th May 2015, 18:00 to 19:30

Recent decisions in Wright v Wright [2015] EWCA Civ 201 and Matthews v Matthews [2013] EWCA Civ 1874 suggest that the approach of the courts to spousal maintenance is changing. Is spousal maintenance a meal ticket for life? Olivia Murphy provides insight into the new climate in her 45-minute seminar.

With divorcees often having been assisted by third parties to purchase property, and with the never-ending stream of spouses whose attitude to disclosure is far from full and frank, Gwyn Evans helps signpost some of the hazards and opportunities arising when third parties are caught up in a bitter divorce.

Olivia Murphy and Gwyn Evans from Tanfield’s Private Client Group will each provide a forty-five minute seminar on these hot topics in financial remedies. The seminars are accredited with a total of 1.5 hours CPD and refreshments will be served in chambers afterwards.

It’s my (3rd) Party & I’ll Cry if I Want to!

This seminar by Gwyn Evans will cover the following matters, where third parties are affected or potentially affected by a matrimonial finance claim:

  • Procedural requirements where a third party asserts or is said to have a property right;
  • Need or otherwise for a trial of a preliminary issue;
  • Service of an application on a third party, and obligations arising therefrom;
  • Company property;
  • Disclosure from third parties (including banks / HMRC / pension trustees);
  • Grounds upon which a third party can resist disclosure;
  • Use of witness summonses;
  • The rights of creditors / trustees in bankruptcy;
  • Costs consequences, and implications if self-represented litigants are involved.

A Meal Ticket for Life?

Olivia Murphy will provide an overview of the legal principles governing spousal maintenance in financial remedy applications. The seminar will address:

  • The clean break, and principles which determine whether any spousal maintenance should be payable;
  • Realistic quantification of income needs and earning capacities;
  • “Needs” versus “ability to pay”;
  • Application of the “sharing” principle at the outset and upon any variation application;
  • Term of any maintenance / appropriateness of s 28 (1A) bar / pension income;
  • Securing maintenance payments;
  • Global (Segal) orders and their implications;
  • Making successful maintenance pending suit (MPS) and legal services order applications under s 22 and 22ZA MCA 1973
  • Index-linking – and which index?
  • Capitalisation;
  • How to ensure a s 31 MCA (variation) application is successful (or successfully resisted!)
  • New partners;
  • Other tips and tricks.

Venue

  • Tanfield Chambers, 2-5 Warwick Court, London, WC1R 5DJ
Expertise: Matrimonial Finance & Divorce

Disclaimer

This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/ or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.

 

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