Family publications

To view articles that have been written by our famly team please follow the links. If you would like more information on a particular topic please contact the author.

Articles are in pdf format which can be viewed using Acrobat Reader. If you do not have Acrobat Reader, you can download it here

Wealth Matters - February 2010
“ It requires a great deal of boldness and a great deal of caution to make a great fortune; and when you have got it... read more

Inform: Private Client - November 2009
Deadlines loom large for wealthy individuals, their advisers and trustees in relation to UK tax... read more

Adult autonomy to the fore
The private client department issued a bulletin outlining the eagerly awaited judgment in the case of Granatino v Radmacher (July 2009)...read more

The latest instalment of the case of McFarlane
James Freeman and Christopher Bulter look at the latest instalment of the case of McFarlane (June 2009)... read more

Alternative Dispute Resolution
The private client department look at media access to the Family Courts and the role of Alternative Dispute Resolution (April 2009) read more

Myerson v Myerson
Christopher Bultler, James Freeman and John Nicholson take a look at the judgment of the case of Myerson v Myerson which was given on 1 April 2009 by the Court of Appeal. Lord Justice Thorpe gave the leading judgment (April 2009)... read more  

MacLeod v MacLeod
Christopher Butler, James Freeman and John Nicholson look at the Privy Council judgement and its affects on post-nuptial agreements (December 2008)... read more

Beyond the sea
John Nicholson and Kate Heaviside consider the complexties of dealing with ancillary relief cases involving offshore assets...read more
This article was first published by the Family Law Journal (September 2008)

Can't buy me love
Is the McCartney judgment a significant decision for family practitioners? Kate Heaviside and Tom Farley-Hills examine the key points... read more
This article was first published by the Family Law Journal (May 2008)

High Courts judgment in McCartney made public
The private client department issued a bulletin outlining what the judgment means for future cases (March 2009)... read more

Court of Appeal's decision in 'huge money' divorce case
Christopher Butler and Deborah Sevitt consider the issues arising from the Charman case...read more
This article was first published in Rothschild Review (February 2008)

Reform of cohabitation law
James Freeman and Deborah Sevitt look at the recommendations put forward by the Law Commission concerning the cohabitation law reform... read more
This article was first published by Private Client Business (January 2008)

Coupling up
The Law Commission has proposed strengthening the financial position of cohabitants where their relationship breaks down...read more
This was first published by Private Client Practitioner (November 2007)

Chasing the Dragon
Deborah Sevitt and Hannah Southon analyse the treatment of assets settled into offshore trusts...read more
This article first appeared in Trust and Trustees (September 2007)

Wealth protection following Charman
Charles Gothard and James Freeman analyse two options for private clients to protect their wealth...read more
This article was first published in The Private Client Practitioner (September 2007) 

Stack V Dowden: Determining property rights on separation of unmarried cohabitants
Deborah Sevitt and James Freeman consider the implications of the recent decision of the House of Lords...read more
This article was first published in Sweet and Maxwell (September 2007)

Civil partnerships beyond the Archers...
Richard Hogwood seeks to examine the issues and experiences that have arisen in practice in advising clients considering, or already having registered, a civil partnership...read more
This material was first published by Sweet and Maxwell Limited (July/August 2007) P.C.B. and is reproduced by agreement with the Publishers

A grotesque waste of resources...
Clare Robinson reflects on the wider implications of the
jurisdictional minefield exploited by both sides following an
overseas divorce in Moore v Moore... read more
Published in Family Law Journal (published by Legalease) - (July/August 2007)

The Dragon drags on…
Does the long-awaited Court of Appeal judgment in Charman
bring any clarity to the current debate on financial provision?
Clare Robinson looks at the key points in the case... read more
Published in Family Law Journal (published by Legalease) - (July/August 2007)

Charman v Charman - Court of Appeal Judgment
The Court of Appeal judgment in the high profile Charman divorce case was announced on 24 May 2007. To read the family team's analysis of the judgment and its consequences for future 'hugh money' cases, read our bulletin. (May 2007)

Presuming too much? 
In this article, James Freeman looks at cohabitants' property rights in the wake of Stack V Dowden...read more
Published in Solicitor's Journal (25 May 2007)

Stack v Dowden: a warning for unmarried cohabitants  The recent Court of Appeal decision on property rights for unmarried cohabitants provides a stark warning to couples living in these circumstances. Read our full case bulletin. (April 2007)

Charman v Charman: dynastic trusts and changed minds
James Freeman takes a look at the impact of the high profile case of Charman v Charman and the consequences of this High Court judgment...read more 
This material was first published by Sweet and Maxwell Limited in James Freeman, "Case Note: Charman v Charman: Dynastic Trusts and Changed Minds" [2006] P.C.B. 53 and is reproduced by agreement with the Publishers
 

Keeping an interest - dividing the family home
Deborah Sevitt and Alice Neilan consider the relevant tax and trust issues when postponing division of the family home following relationship breakdown...read more
Published in Family Law Journal (published by Legalease) - (February 2007)

Chattels and relationships 
Christopher Butler and Richard Hogwood provide an insight into the consequences of marriage, civil partnership, co-habitation and relationship breakdown...read more
Published in Christies Winter Bulletin 2006.

High value divorces and trusts
James Freeman outlines the Charman v Charman case and the impact this may have of the future judgments in 'big-money' divorces with substantial wealth and trust arrangements...read more
Published in Trust and Trusts (published by Oxford University Press) (October 2006)

The dragon slain
Clare Robinson outlines the key points and impact of the 'big-money' case of Charman v Charman...read more
Published in Family Law Journal (published by Legalease) (October 2006)

Charman - 'huge money' divorce
High Court's judgment in the case of Charman v Charman was made public on 3 August 2006. The judgment offers guidance on how parties with unusually high wealth should be treated on marriage breakdown. Read our family team's analysis of the judgment here. This has now been updated to reflect Mr Charman's appeal which is scheduled for March.

English divorce law and trusts - the foreign perspective
Christopher Butler and Susie Barter explain the response of foreign jurisdictions to intervention by the English courts... read more
Published in Family Law Journal (published by Legalease) (July/August 2006)

Foreign affairs
Christopher Butler and Susie Barter examine the impact of Charman v Charman, which asked when a court should consider the issuing of letters of request... read more
Published in Family Law Journal (published by Legalease) (June 2006)

Equity's darlings or de facto couples?
James Freeman reviews the Law Commission's proposals to reform the financial provision for co-habitants after relationship breakdown... read more
Published in New Law Journal (28 July 2006)

Pre-nuptial agreements - they don't work do they?
Pre-nuptial agreements (PNAs) are standard fare to many of our European counterparts and indeed to our cousins over the Atlantic. But here in the UK they have something of a mythical status... read more
Published in Trust and Estate Practitioner (May 2006)

Issues of trust
Christopher Butler and Susie Barter examine ante-nuptial and post-nuptial agreements with regard to the recent case ot N v N... read more
Published in Family Law Journal (published by Legalease) (May 2006)

House of Lords landmark judgments on Miller and McFarlane divorce cases
On 24 May 2006 the House of Lords announced their decisions in the cases of two high profile divorce cases. In the case of Miller v Miller the judgment confirmed that a short marriage is no barrier to the equal division of matrimonial assets, and the decision made in McFarlane v McFarlane offers guidance on the future treatment of income on marriage breakdown. Our Family Team bulletins offer an insightful analysis of these crucial judgments.

...read more on Miller
...read more on McFarlane

Civil Partnerships and the Finance Act(s): tax planning opportunities?
Christopher Butler and Richard Hogwood follow on from their previous article to discuss the Finance Act 2005 and the issues it raises for civil partners ... read more
Published in Trust & Trustees (July/August 2005)

Civil partnerships - gay marriage?
From 5 December this year, same-sex couples in the UK will, for the first time, be able to apply for legal recognition of their relationship (July 2005)... read more

Ménages à trois - relationships and the tax man
Susie Barter and Richard Hogwood examine the 'dos' and 'don'ts' when it comes to considering tax-efficient ways of dealing with assets... read more
Published in Family Law (Jordans) - 2005 Fam Law 568

Taxing issues for same-sex couples
The Civil Partnership Act 2004 (CPA) will, as from 5 December this year, allow same-sex couples to apply for legal recognition of their relationship... read more
Published in Trust and Estate Practitioner (June 2005)

Civil Partnership Act 2004 and the use of trusts
Clearly the advent of the Civil Partnership Act 2004 (the "CPA") is something of a milestone for all those in commited same-sex relationships... read more
Published in Trust & Trustees (February 2005)

Financial uncertainty in matrimonial proceedings
Christopher Butler looks at the continuing uncertain state of the law about the division of assets caused by two cases involving high net worth husbands... read more
Published in High Net Worth magazine (November 2004)

Legal professional privilege - not in some family matters
The family court is a unique animal in many respects. The recent case of Kimber v Brookman offers a useful reminder of how the family court's jurisdiction in financial matters on divorce is quite unlike that of a civil litigation (November 2004) ... read more