Chapter 4 Self-test questions

. When does a financial remedy order take effect?

. Which of the following statements is correct?

. Legal aid is never available for divorce of financial remedy proceedings. True or false?

. In what circumstances will periodical payments under s.23(1) end? Choose all that apply.

. What is the difference between orders made under s.24(1)(a) and s.24(1)(b)?

. A pension attachment order is a type of clean break order. True or false?

. What steps can the court take in relation to debts held by one or both parties? Choose all that apply.

. In deciding what is a fair distribution of assets, the welfare of any child of the family the court's paramount concern. True or false?

. What is the average annual cost of putting a child in a nursery for 25 hours a week?

. How many of the factors under s.25(2) does the court have to consider when deciding how to exercise its powers?

. When considering contributions, the court is concerned with financial contributions only. True or false?

. What type of conduct might be taken into account under s.25(2)(g)? Choose all that apply.

. In addition to the list of factors to consider, s.25 sets out a clear rationale for what a fair distribution of assets looks like. True or false?

. What important change was brought in by the Married Women's Property Act 1882?

. When was the common law duty of a husband to maintain his wife abolished?

. In Wachtel v Wachtel [1972] Fam72(CA) why did Lord Denning say that a husband needs more money than a wife after divorce?

. How did the case of White v White [2001] 1 AC 596 fundamentally change the way in which cases were decided?

. The concept of need is-fact specific and the court has a wide discretion when assessing what qualifies as need. True or false?

. In which case did the House of Lords first introduce the principle of compensation when deciding on a fair division of assets?

. Which of the following would normally be regarded as marital assets? Choose all that apply.

. Which of the following statements most accurately describes the way in which principles of needs, compensation, and sharing are used by the court to reach a fair outcome?

. If the parties to a marriage have an agreement as to how to resolve any financial issues on divorce, the court must still look at s.25 to decide if this is fair before making an order. True or false?

. Why did the case of Radmacher v Granatino [2010] UKSC 42 lead to a significant change in relation to prenuptial agreements?

. In what circumstances might the court decide that it would be unfair to hold the parties to a pre-nuptial agreement? Choose all that apply.

. What power does the court in England and Wales have under the Matrimonial and Family Law Proceedings Act 1984 if a divorce has been granted in another country?

. In order to get leave to pursue an application under the Matrimonial and Family Law Proceedings Act 1984 the applicant must show that the foreign order caused them hardship or led to an injustice. True or false?

. The majority of financial orders are complied with and enforcement applications are rare. True or false?

. If one party refuses to sign documents to give effect to an order for the sale or transfer of property, what can a judge do to enforce the order?

. Which of the following statements is correct? Choose all that apply.

. Hassan and Ida have been married for 15 years. Hassan runs a business with his brother Jahmil and they are both very wealthy men. They inherited the company from their father and built is up together. Hassan and Ida have two children, aged 10 and 13 years of age and Ida has not worked outside the home since the oldest child was born. She is a qualified solicitor and had a job in a large corporate firm before she married Hassan. The marriage has now broken down as Ida has had an affair with someone she met on the school parents' association. Hassan's assets, including his share of the business and a number of savings and investments come to £50 million. The couple also jointly own two properties, one in London and one in the South of France. The family home in London is worth £3 million and the villa in France £2 million. Ida is asking for 50% of all Hassan's assets and for the house in London to be transferred into her sole name. She is willing to let Hassan keep the house in France. Hassan is not willing to share any of the family business, and wants to sell both properties and share the proceeds 50:50. He is willing to give Ida a lump sum of £5 million from savings and investments that he owns. Which of the following statements best summarises the principles that will apply in this case?

. Logan and Kaiden are civil partners. They have been together for six years and entered into a civil partnership just a few months after they met. Kaiden is 20 years younger than Logan and is an artist. He met Logan when he was 19 years old and was at art college. Logan is a successful landscape gardener with his own company. He designs gardens all over world, owns a garden centre and has a large workforce. When he and Kaiden first met, his friends and family were worried that Kaiden was just after his money. They persuaded him that he should ask for Kaiden to sign a pre-nuptial agreement because it was such a whirlwind romance. The pre-nuptial agreement stated that if the civil partnership broke down Kaiden would not make any financial claim against Logan's property or income. At the time, Kaiden signed it saying, "I'm not even going to read this, I don't care about your money, I just want to be with you." The civil partnership has now broken down because Logan has met someone else. Kaiden has no regular income and has never had a job. He has a studio in the garden of Logan's house and makes large sculptures which he sells. He is beginning to make money from the sculptures and in the past year has made £20,000 in sales. He has made an application for financial orders on the dissolution of the civil partnership. He wants a lump sum so that he can buy himself a property with space for a sculpture studio and an income of £20,000 for three years while he finds a way to support himself financially. Logan is relying on the pre-nuptial agreement and refusing to provide Kaiden with anything at all, saying that he is not a very talented artist and needs to just get a job like everyone else. Kaiden claims that he did not understand the significance of the agreement when he signed it, and that he also had no idea how much Logan was worth. He claims Logan promised to help him establish himself as an artist should be held to that promise. What advice would you give to Logan?

. Maia and Noam have been married for 20 years. Maia has had a successful career in publishing and Noam is a writer who has only published one book in all the time they have been together. They have four children aged from 15 to 8 years old and Noam has always been the main homemaker and has looked after the children. Maia only ever took three months' maternity leave with each child. The marriage has now broken down. The family home is owned in their joint names and is worth £1 million. It is a large five-bedroom house in Oxford close to the children's schools. There is a mortgage of £100,000 left. Maia has a pension with her employer, but other than that the couple have no savings or assets. Noam wants the house transferred to his sole name so that he and the children can continue to live there. He also wants Maia to pay him enough maintenance to cover the mortgage. Maia wants the house sold and split so that they can both buy somewhere smaller and in a cheaper area. She does not think that Noam should have a share of her pension. She complains that he has not contributed anything financially to the marriage. The house is half hers and she has paid the mortgage all these years so she does not see why he should be entitled to is. Which of the following statements of the legal position is most accurate?

. Callum and Lucy were married for five years. Callum is a rich man with investments and properties worth over £50 million. Following highly contested court proceedings Callum was ordered to pay Lucy a lump sum of £1 million. Callum has told Lucy that he would rather go to jail than comply with the court order and she can "sing for her money" as she will never get it. Lucy wants to know what her options are regarding enforcement. Which of the following options is the most likely to be effective?

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