At Heathrow legal We understand that legal issues are a valuable asset to our business We address a whole range of legal issues which you can see examples of below
Legal Issues involving Protecting Assets and the Family Home in Financial Order Proceedings
1. We will discuss whether a client can protect assets in financial order proceedings
2. We will discuss the provisions of s.37 Matrimonial Causes Act 1973
3. We will discuss the availability of ‘home rights’ under the Family Law Act 1996
Legal issues surrounding Financial Relief Applications
‘ We discuss here the Financial relief’ applications for maintenance pending suit, financial provision, property adjustment, wilful neglect to maintain, or a variation application.
Alternatively we discuss Defeating a claim for financial relief is a reference to preventing financial relief from being granted to that person.
Or to that person for the benefit of a child of the family, or reducing the amount of any financial relief which might be so granted.
Or frustrating or impending the enforcement of any order which might be or has been made at his instance under any of those provision under s37 (1) MCA 1973.
A ‘disposition’ does not include any provision contained in a will or codicil but (with the exception).
However this includes any conveyance, assurance, or gift of property of any description. The courts have defined the term widely.
Case study for a financial relief application
Miriam sells a holiday cottage she bought before her marriage to Leslie. The couple are now divorcing.
The house was in her sole name.
However Leslie has spent a great deal of money renovating the property.
This is one of the assets being considered by the court in financial order proceedings.
Miriam sells the property for valuable consideration of £125,000.
The court makes an order that the third party keeps the house but the £125,000 becomes the subject of an order.
A order under s.37 MCA 1973 may require a third party e.g. a bank, to disclose documents or information.
This information can be given to the court.
It is a breach of art 6 of the European Convention on Human Rights (ECHR) to give the court information following a without notice order.
The information cannot be revealed to the respondent party to the application (c v c(without notice orders 2006 1 FLR 936.
Legal Issues involving the Procedure for an application under s37 MCA 1973
In other words Applications are made to a district judge under Part 17 FPR 2010
Proceedings for financial relief must be in existence.
The application however is made by filing an application notice D50G together with a draft order.
If the application is successful and the district judge makes an order.
A return date for instance must be given and the respondent be at liberty.
Or on two days notice to make an application to discharge the order.