A practical and user friendly guide to the more challenging areas of ancillary relief practice.
This handbook is a practical and user-friendly guide to some of the more challenging areas of
financial remedy practice. It is divided into detailed parts and contains specialist contributions from a forensic accountant, an actuary and an offshore trust specialist and Sir Peter Singer. In concentrating on complex areas of practice, this edition provides practitioners with assistance in unlocking assets for the benefit of their client.
What's new in this edition
- Fully updated to include the changes brought about by the Family Procedure Rules 2010
- Practical new chapters on offshore trusts and arbitration in family proceedings
- A review of the law of self-help disclosure following Imerman and the lawful routes for disclosure available to parties
- Analysis of all the latest important cases dealing with non-matrimonial property, trusts and company valuations.
- A review of how the law of financial remedies is dealing with the effects of the economic downturn
- An update on the latest tax and pensions issues.
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.
- The Law of Evidence in Ancillary Relief Proceedings
- Disclosure in Financial Remedy Proceedings
- Disclosure from the Parties
- Disclosure from Non-Parties
Dissipation of Assets
- Preventing Dissipation of Matrimonial Assets
- Setting Aside Dispositions
- Ownership of Matrimonial Property
- Real Property and the Former Matrimonial Home
- Other Forms of Property
- Raising Finance from Business Assets
Inherited Assets, Gifts and Non-Matrimonial Property
- Non-Matrimonial Property
- Property Already Acquired through an Inheritance, Gift or Windfall
- Future Inheritance Prospects
- Types of Pensions
- Pension Orders on Divorce
- Valuation of Pensions
Tax Implications and Planning
Dealing with Ancillary Relief in Uncertain Economic Conditions
- Insolvency and Financial Remedies
- Asset Valuation During Times of Economic Instability
- Using Financial Remedies Orders at Times of Economic Uncertainty
Arbitration in Family Proceedings
- Financial Measures and Statistics for Business Valuation
- Calculating Financial Ratios
- Useful Information to Request when Preparing a Business Valuation
- Draft Letter of Instruction to a Forensic Accountant
- Tax Rates, Limits and Reliefs
- Family Procedure Rules 2010, SI 2010/2955
- Matrimonial Causes Act 1973
- Divorce etc (Pensions) Regulations 2000, SI 2000/1123
- Pensions on Divorce etc (Provision of Information) Regulations 2000,
- Sharing of State Scheme Rights (Provision of Information and
Valuation) (No 2) Regulations 2000, SI 2000/2914
- Family Law Arbitration Scheme – Arbitration Rules
- Family Law Arbitration Scheme – Form ARB1
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"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"
"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"
"invaluable ... for both novice and experienced matrimonial finance practitioners"
ALC 'click here for a full review'
"If you are a divorce lawyer, this book belongs on your desk… well established work – and not surprisingly – for it is practical, plainly written and full of specialist insights and information from the two authors and their contributors"
"The emphasis, say Sugar and Bojarski, in on ‘the practicalities of finding the assets… protecting them… and generally unlocking their value for the parties… As most divorce cases – even those that seem straightforward at the outset – are apt to reveal unforeseen complexities, every practitioner involved in divorce matters should acquire this book" Click here for a full review
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers