header-logo header-logo

26 June 2009 / Ayla Dogruyol
Issue: 7375 / Categories: Features , Family , Property
printer mail-detail

Use your experts wisely

In times of recession, proportionality over the use of experts is critical,
says Ayla Dogruyol

Married couples are continuing to separate despite the financial difficulties of doing so when assets have devalued and may not be readily realisable. Some will be concerned about the cost implications of formalising their separation and this article highlights two practical steps which parties can consider to contain costs when doing a deal in relation to the finances.

The judge at a final hearing bases his decision on the Matrimonial Causes Act 1973, s 25 which requires consideration of the financial resources available to the parties now and in the foreseeable future. Consequently, at the outset of any settlement discussions the parties should be satisfied that all the assets have been disclosed. They then have to work out what those assets are worth.

Experts

Parties are first encouraged to try to agree the value of the family assets. In the absence of agreement, or if they do not know the value of the assets, the preferred court direction is for a single joint expert (SJE) to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll