Lecture notes
Family Law and Practice LPC LG02 D1
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice LPC LG02 D1
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LEGAL PRACTICE COURSEFamily Law
Large Group 2
Topic(s):
Section 25 MCA 1973
Financial Remedies on divorce
Pensions on divorce
Learning Outcomes:
By the end of this session you will be able to:
Detail the range of financial orders available to a spouse
Explain the considerations governing the grant of such orders
Explain the particular considerations with regard to orders in relation to pensions
Session Activities:
Tutor led discussion
Materials Attached:
Advance Task 1: Mr and Mrs Howard Case Study
Session Outline
Documents to Be Released:
Outline of Relevant Facts from Task 1 (d2)
Preparation for Session:
Chapters 4, 8 and 9 of the manual and the attached case study
Sections 23-25 MCA 1973
White v. White [2000] 2FLR 981 (HL), Miller v Miller; McFarlane v McFarlane [2006]
UKHL 24; [2006] 1FLR 1186
Post-Session:
Review your notes and make sure you fully understand all the topics.
Background
docs_517090801.docx 1/23 © City, University of London 2019
, • Financial Orders were formerly known as “ancillary relief”
• Court has powers to make financial orders on:
Divorce or Dissolution of a Civil Partnership
Judicial separation
Nullity
-Cohabitees have none/very limited rights to financial order
-Same-sex/opposite sex can get into a civil partnership
Relevant law:
Matrimonial Causes Act 1973→s.25→ for financial settlement advice→ mandatory to go
through mediation first (at least one meeting) before court proceedings are commenced
Family Procedure Rules 2010- Part 9
We have massive discretion as to how assets will be split→ a split in case may not
necessarily happen in another→ each family is unique, with different resources→ so will be
variations
What to keep in mind
• These are the matters for the judge/solicitor to keep in mind
• Relevant case law→discretionary→ we consider as guidance but not follow strictly
• Section 25→ important
• The facts of the particular case→ most important
• The types of orders available
-Case law is starting point (go to page 11*)
© City, University of London 2019 2/23 docs_517090801.docx
, LEGAL PRACTICE COURSE
Advance Task 1 – Mr and Mrs Howard Case Study (Financial Remedies): Application
of Section 25 MCA 1973
Background Facts:
1. Mark and Mary Howard are in the process of divorcing after 10 years of marriage.
They are aged 39 and 37 respectively. They met in July 2006. He was a vet, working
as a salaried assistant in a large practice in Chiswick, and she was his practice nurse.
They married in November 2008 and bought a flat in Chiswick, West London. The
deposit and all the mortgage instalments have been paid by Mr Howard, although the
property is in joint names. They lived in the Chiswick flat for 7 years when they
decided to sell and buy a larger property in the east, near Southend, where Mr
Howard planned to set up his own veterinary practice. The plan was to use the
ground floor for the practice and the first floor as a self contained flat for Mr and Mrs
Howard. Mrs Howard was to continue to work with him as his practice nurse.
2. The Chiswick flat had rocketed in value and they made £350,000 in profit, £320,000
of which they ploughed back into the new property in Southend. The new house had
facilities for a surgery on the ground floor and living accommodation above. After
discussion the property (Howard's End) was put into Mr Howard's sole name as this
facilitated practice loans he was able to borrow from his professional body to set up
the new practice. At present, the outstanding business loans are £55,000. There is no
mortgage on the property Howard's End.
3. They agreed that £30,000 (the balance of the profit from the Chiswick flat) should be
spent on a small holiday cottage in the north of Scotland and this would be put into
Mrs Howard's sole name as she no longer had her name on the title deeds of the
Southend property. Neither party took separate advice on their positions at the time.
4. Over the years, Mr Howard has been paying into a private pension scheme, in which
he has named his wife as the sole beneficiary. For the last 3 years, his salary has
been in the region of £95,000 p.a. (gross). Mrs Howard has worked part-time, as she
also looks after her elderly parents. As such, her earnings have been limited, She has
her own pension scheme but the value is likely to be a fraction of the pension owned
by her husband.
5. Last year Mr Howard began an affair with Mrs Howard's friend, Jill Greenleaf, who
was working at the veterinary surgery as a relief practice nurse to Mary Howard. Mrs
docs_517090801.docx 3/23 © City, University of London 2019
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