Ringfencing in Divorce & Separation - Unlocking the Key Arguments

Introduction

It is rare to encounter a case where one of the parties does not wish to run a ringfencing argument. Being able to give clear and proactive advice on the subject from the outset can be key to managing a client’s expectations of what they may be able to achieve, narrowing the issues between the parties, and securing a settlement as soon as possible.

This webinar will enable you to advise on categorisation of assets and how different categories of property may be divided.

It will also cover the differences between the two schools of thought which have emerged from recent caselaw on how non-matrimonial property should be divided, one which involves a much more process-driven, mathematical and analytical approach and the other which is discretionary and broad brush.

Which approach is likely to be the best one to run for your client?

What You Will Learn

This webinar will cover the following:

• Matrimonial v non-matrimonial property
• The two schools of thought in categorisation
• How to make and deal with arguments on post separation accrual
• Is the family home ever capable of being non-matrimonial property?
• Is it right to ringfence pension contributions made prior to the marriage?
• The effect of intermingling matrimonial and non-matrimonial property

This webinar was recorded on 22nd May 2023