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Properties and Divorce

Wendy Campbell Wendy Campbell
2 min read

The long awaited decision of the Supreme Court in Prest v Petrodel ruled that properties held with company structures were held on trust for the husband and as such were available assets of the husband to meet the wife’s claims. The decision has been widely reported as a victory for common sense and overturns the potential injustice which may have been caused to others in similar situations had the decision of the Court of Appeal not been overturned.

The Supreme Court however made clear that it was the particular facts of the case which enabled the Court to find that companies controlled by the husband held the assets (a number of properties) on trust for the husband.

The Supreme Court did not rule that in divorce proceedings the family courts had any special rights to interfere with assets held within companies or other business structures. There are likely to be many cases therefore when assets for whatever reason are put into companies or trusts or other business vehicles and these cannot then be accessed as part of the division of assets on divorce.

English divorce law is continually evolving as the important decisions of the higher courts inform the way future cases are decided. There is no present matrimonial property regime in the UK. Cases are decided based upon legal principles set down in law and interpreted by taking into account the parties’ individual circumstances and important case law

The safest way of protecting against future marital breakdown is to enter into a pre nuptial or a post nuptial agreement prior to or following marriage.

Negotiating what may happen on future marital breakdown is perhaps however not the most romantic notion and the traditional method of dealing with issues by correspondence between solicitors may not appeal at a time when focus is upon planning your impending nuptials. Family mediation does however offer you an alternative. In family mediation you sit around a table with your fiancé and a specialist family mediator to discuss concerns and appropriate methods of protecting you against future relationship breakdown.

At MyMediation we can help you and your fiancé or spouse/civil partner discuss the provisions of a pre or post nuptial agreement in a manner which is far less likely to lead to difficulties or relationship acrimony. For more information please contact Anna Vollans our specialist accredited family solicitor mediator on 0113 320 2288.

Client feedback

I am very pleased with the service I received from Winstons, this is the second time I have dealt with them for conveyancing services and on both occasions Leasa was incredibly thorough and reassured me every step of the way. When other parties failed to deliver, Leasa ensured things were chased up and delivered/received with accuracy. I would highly recommend and will be sure to use Winston's again for any future property purchases
Charis
Would highly recommend Winston's.Both Leasa and Julie were extremely professional and we recieved regular email and direct call updates.In the middle of an extremely challenging chain, they went above and beyond and became intermediary's liasing with everyone else in order to get the conveyancing completed on time.Thanks again for a great service.Regards
Richard
My conveyancer Samantha and her associate Michelle kept me informed of the progress of my sale throughout the transaction. It was of benefit to me that the Winston office was local with plenty of parking. I would recommend them for any conveyancing
Ms H
Winston’s acted for us with our house sale and onward purchase. They have been excellent from start to finish. Leasa is extremely quick to respond to emails and more than happy to answer any questions. The online system is very efficient and helps keep you up to date with progress of the sale/purchase. Leasa and her team made the whole process so much less stressful than it could’ve been and we can’t thank them enough. We wouldn’t hesitate to recommend them.
Lucy
Teresa and Judith assisted with my recent divorce and i cannot rate them highly enough, i was talked through every aspect and everything was explained in full and i was kept fully updated and imformed of everything that i needed to do and when it was required for. Their patience when i was working away and understanding was especially appreciated.Once that was all complete Amanda and Samantha and the convayensing team sorted the transfer of the house and the paperwork associated with that.I would highly recommend them and thier company for any legal issues you have and would use thier services again without hesitation.
Richard J
Special praise for Emily Spencer ,who is more than efficient , very thorough in her work and I am sure , a very good member of the Winstons team ! Well done her ( plus Jeremy re our registration with the Land Registry .!)
Stuart
A helpful and thorough service that meant I felt confident that the house sale would be handled well.
Helen
Amazing service!
Anonymous
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