Q&As

Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the other party be able to argue in any subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Last updated on 06/04/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the other party be able to argue in any subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets?

Where a party to private children proceedings uses savings in their sole name to fund their legal fees and the other party is legally aided, would the other party be able to argue in any subsequent financial proceedings that the savings spent on legal fees should be added back into the marital assets on the basis that the savings plus a pension are the only assets?

The powers of the court in dividing the assets of spouses on divorce are wide-ranging and powerful. The court has a very broad discretion provided to it by section 25 of the Matrimonial Causes Act 1973 (MCA 1973) subject to the statutory requirement of fairness and the principles established in case law—broadly speaking the court is seeking to achieve equality of outcome unless there is good reason to depart from equality, considering MCA 1973, s 25 factors and the common law concepts of needs, compensation and sharing (see, generally, Miller v Miller; McFarlane v McFarlane and subsequent authorities). Need comes first and may justify a departure from equality if there are insufficient assets for need to be met.

In the Children Act 1989 (ChA 1989) proceedings, the general rule is that each

Related documents:
Key definition:
Fees definition
What does Fees mean?

Means the fees and other amounts payable under this Agreement, including those specified in clause 6

Popular documents