The following Private Client practice note Produced in partnership with Richard Frimston and Helen Tulloch of Russell-Cooke Solicitors LLP provides comprehensive and up to date legal information covering:
Marriage can affect the rights of the parties in one or more of the following ways:
Matrimonial contract and property regimes
English law has always recognised that the law of matrimonial domicile may bring with it foreign concepts of matrimonial contract and matrimonial property regimes. Whether such a regime applies only to movables or also to immovables is less clear. In June 2016, the EU introduced regulations on the recognition of matrimonial regimes for marriage and registered partnerships. Both mixed sex and same sex marriage and registered partnerships can be subject to matrimonial property regimes. The registration of a marriage or a registered partnership can therefore have an effect on property rights. See Practice Note: Forced heirship and succession law — Matrimonial property regime for more information.
Spouses and civil partners are given favourable tax treatment in many jurisdictions, with either exemptions or reliefs in relation to taxes on death or upon lifetime gifts, and also in relation to capital gains tax (CGT).
Succession rights on the death of a spouse or civil partner
Spouses and civil partners may also have rights in the event of intestacy or in relation to claims against the estate following the death of a spouse or civil partner. Entering into a marriage or civil partnership may affect the validity and interpretation of pre-existing testamentary documents.
In recent years, the
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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