Family Law
Financial Provision On Divorce
March 5th 2020
Edinburgh
Financial Provision On Divorce: What If There Is No Matrimonial Property?
March 5th 2020
2 - 5pm
Speaker: Dianne Millen
The focus of most financial provision disputes is on fair sharing of the value of the net matrimonial property. What options might be available to your client if there is little or no matrimonial property? This seminar will consider the potential options to include assets within the definition of matrimonial property; the use of the other section 9 principles and the concept of special circumstances to maximise returns for clients in this position; and how to manage clients' expectations. It is aimed at early career solicitors and experienced family law professionals seeking a refresher.
The session will look in detail at:
- Conversion of assets (land, share portfolios)?
- Can the matrimonial home be included if purchased before marriage?
- Review of caselaw
- Practical aspects of preparing a s9(1)(b) case
- Review of caselaw
- Distinguishing child maintenance from the economic burden
- Practical aspects of preparing a s9(1)(c) case
- Review of caselaw
- Managing clients' expectations as to duration
- Practical aspects of preparing a s9(1)(d) case
- Review of caselaw
- Managing clients' expectations as to duration
- Practical aspects of preparing a s9(1)(d) case
- Taking into account the payer's resources
- Balancing capital, pensions, and PA
The session will be interactive and participative using case study materials, but will not involve any role play advocacy exercises.
The event begins at 2pm. Delegate registration is open from 1:30pm.
Dianne is an Associate and Professional Support Lawyer in the Family Law Team, at Morton Fraser, and specialises in advising on the financial and child-related issues which arise when couples separate, with a particular interest in international and high-value cases involving complex asset positions. She also acts in private adoption (including international cases) and cohabitation claims (both separation and succession). Dianne also leads the firm's Edinburgh adults with incapacity practice and regularly acts for individuals and local authorities seeking guardianship and related orders as well as advising on the implementation and challenge of Powers of Attorney.
Dianne regularly writes on family law topics of interest to professionals and the public, in the UK and internationally. Prior to qualifying as a solicitor, she had a successful academic and public sector career in research and project management. She has widespread experience of presenting and chairing sessions at conferences in the UK and across Europe as well as facilitating small group training events, and holds an accredited qualification in coaching and mentoring.
As part of her current role, she also provides professional support and training for the Family Law team in terms of knowledge management, practice development and process redesign.
