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31

October

Company Held Assets – Not Matrimonial Assets?

The Court of Appeal has given judgment in the case of Petrodel Resources Ltd and Others v Prest and Others [2012] EWCA Civ 1395 with a decision that many family solicitors have found disappointing.

When the case was first heard the Judge ordered the husband to transfer to his wife as part of the divorce proceedings, several properties in London.  The Judge found that the London properties were ‘property’ to which the husband was entitled to as the assets held within the companies were effectively the husbands property.

The Court of Appeal did not share the same view as the first Judge and allowed the husbands appeal.  The Court of Appeal held that the fact that the husband was nearly a 100% shareholder in the companies did not mean that the companies’ property belonged to him.  One judge Rimer LJ stated that it is not open to the Family Division Judges to make an

October 31, 2012 Company assets, Divorce, Financial Remedy, Matrimonial property Recent News

30

October

Client Testimonial

To Amanda

You were really helpful to me and I like your approach.  I want to thank you and let you know how genuinely grateful we are that you came to my aid in such a ridiculously short space of time!  Thank you Amanda I would not have made it through court without you.

Miss Smith

October 30, 2012 client testimonial Client Testimonials, Recent News

12

October

Cohabitation Rather Than Marriage

According to the Office for National Statistics there is a significant increase, 34% in the number of cohabiting couples with dependent children in the ten years to 2011.  The Report says that the number of cohabiting families with dependent children increased by 292,000 whilst married couples with dependant children fell by 319,000 in this 10 year period.

The Report suggests that rather than cohabitation being a ‘trial run’ before marriage it is a replacement for marriage.

The research shows a shift in attitude from the more traditional view that couples should be married before having children.

The Report also acknowledged that cohabiting couple families appear to be less stable than married couple families as there is a higher proportion of all family breakdowns involving young children from unmarried parents.

Those participating in the survey were also asked about their understanding of legal rights of cohabiting couples compared to married couples.  Over a quarter questioned

October 12, 2012 Divorce, Living Together Agreement, Rugby, Unmarried couple Recent News

01

October

Client Testimonial

Thank you to New Leaf Solicitors.

Amanda not only explained every step she would take in a straight forward way that I could understand, she kept me regularly updated on what was happening. Her manner is not only highly professional and efficient but she is friendly and extremely sensitive to the stress that legal cases can cause to the individual. I really believe that you have made the whole situation so much easier. I would highly recommend Amanda to anyone needing an excellent solicitor.
Mrs Harrison

October 1, 2012 Divorce, Rugby Client Testimonials

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  • No Fault Divorce

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New Leaf Solicitors Limited (trading as New Leaf Solicitors) is a company registered in England & Wales
(company number 10691288) with a registered office at Eastlands Court, St Peters Road, Rugby, Warwickshire CV21 3QP. A list of directors is available for inspection at the registered office. New Leaf Solicitors Limited is authorised and regulated by Solicitors Regulation Authority. SRA No 648278. www.sra.org.uk/handbook. In accordance with the SRA requirements we operate a complaints handling process, a copy of which is available on request to our clients. Complaints may also be referred to the Legal Ombudsman in certain circumstances.


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