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Name: Charles Russell LLP

Description: The Family Group at Charles Russell has a considerable reputation in its field and is placed firmly within the "Magic Circle" of specialist teams.

Lawyers in the group are amongst the most highly regarded in the profession. They have extensive experience in all legal issues flowing from relationship breakdown including separation and divorce and the impact upon children. Much time is spent advising on financial arrangements for the future including trusts and pensions.

Special focus is given to children issues including disputes over schooling, contact and which country a family can live in post divorce.

The identity of clients is deliberately guarded. The team is renowned for its discretion, confidentiality and high level of client care. This attracts many direct approaches from clients and referrals from other professional advisors.

The team often advises on pre-marriage agreements and related tax and asset protection planning.

The House of Lords? decision in the White case remains the starting point for the law in this area. The basic principle of the decision ? that in long marriages (usually those which have lasted around 20 years or more) where assets exceed both parties? individual needs and the needs of any children then the total assets should for fairness? sake be divided equally, subject to any credit being given to one party where there are good reasons to do so ? remains that starting point. Recent case law has continued to analyse what the good reasons for ?departure from equality? might be. In doing that analysis the Court is obliged to consider a list of relevant factors stipulated by the Matrimonial Causes Act 1973. The factors are so general in their ambit that it is safe to say there is nothing at all that cannot potentially be used when trying to justify your case in this area. And whereas before White the Courts placed most emphasis on one of the factors ? what the party claiming ancillary relief needs to live on ? the Courts have, since White, pointed out that each of the factors bears equal importance and the wording of the 1973 Act indicates no hierarchy. It is for the parties to prove that the circumstances of their marriage mean one or more factors should be given more weight than others and thereby lead to a financial package in their favour.

Category: Surrey

Url: http://www.cr-law.co.uk/

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