Divorce and Recession Part I: Practical and Legal Considerations

02 APR 2009

Simon Calhaem Barrister, 29 Bedford Row

It would be trite to observe that the current state of the economy poses unique challenges to ancillary relief practitioners. In more and more instances the courts will be faced with situations where the asset schedule prepared for the final hearing will show significantly smaller sums than the Form E documentation disclosed - due to the deterioration of asset values. Part I of this article seeks to analyse any practical steps which can be taken and any judicial guidance for such cases. Part II, to be published in a future issue, will cover creditors, competitors and bankruptcy considerations.

To read the rest of this article, see April [2009] Family Law journal.

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