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Located in Plymouth, Devon, C&C Family Law was established as a specialist practice in 2007 by accredited family lawyers Celia Charlton and Samantha Cook

We provide advice on all aspects of family law, including divorce, children, prenuptial agreements and collaborative law.

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Pre-Nuptial Agreements
Divorce & Separation
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Finances on Divorce & Separation
Collaborative Law
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Co-habitation Agreements

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Jun 14


Divorce & SeparationMark Zuckerberg once said: “The question isn’t ‘What do we want to know about people?’ It’s ‘What do people want to tell us about themselves’”

This issue has been considered by the Court following up last year’s blog (How Soon is Now?) when we reported that a former wife was allowed to pursue a financial claim against her ex-husband eighteen years after they divorced, underlining the fact that decree absolute  does not ‘close the door’ on financial claims being made by an ex-partner.

The parties have worked hard and have reached an agreement which the Court has approved.  They agreed that the husband would pay to the wife a total of £625,000 covering her claim and costs. The Court took the view that this represented ‘a realistic and balanced appraisal of the unusual circumstances.’

The Court was also asked to consider whether the terms should be openly reported. When looking at privacy in these sorts of cases, the Court has to weigh up different factors:

  1. i)  There is a strong starting point of privacy, but this can be displaced;
  2. ii)  There is a general guide that if a party is forced to give sensitive evidence “information compulsorily extracted will not be published or used for any [other] purpose”

iii)             Openness is important to help people understand how the court process works and the public has a “legitimate interest in being able to read what is being done by judges in its name”.

  1. iv) Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information.
  2. v) Judges have a duty to support fair, balanced and accurate reporting;
  3. vi) A judgment is likely to be made public if there is already significant material in the public domain or if there is dishonest conduct in the litigation

The Court decided that this was a case in which the lives and financial circumstances of the husband and wife had already been widely reported and there is a legitimate public interest in the case and, importantly:

“The public should know that compromise is achievable – and … highly desirable – even at a late stage of such a hard-fought case”

If you are thinking about sorting out finances on or after divorce, give Celia or Sam a ring on 01752 222211 or check out our website at http://www.candcfamilylaw.co.uk/aboutus.htm

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