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White V White
''White v White'' is an English family law decision by the House of Lords, and a landmark case in redistribution of finances as well as property on divorce. This case involved a couple with assets exceeding £4.5m which was deemed more than either needs for their reasonable requirements. It was held that the absence of financial need did not mean departing from a more generous settlement for an applicant in big money cases. This, therefore, enables the courts to make settlements reflecting the wealth of the parties, and not just their needs and requirements. It is clear from Lord Nicholls' leading speech that he intended much of what he said to apply to all matrimonial financial proceedings, not just big money ones. He said that in all cases, regardless of division of assets, a judge would always be well advised to check his tentative views (on distribution of assets) against the "yardstick of equality of division". This was not to introduce a presumption of equality in all case ...
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Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, th ...
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English Family Law
English family law concerns the law relating to family matters in England and Wales. Family law concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made. The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. This article concerns only England and Wales. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in the Family Justice System of England and Wales in both county courts and family proceedings courts (magistrates' court), both of which operate under codes of Family Procedure Rules. There ...
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English Land Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals ...
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Landmark Cases In Family Law
{{italic title ''Landmark Cases in Family Law'' (2011) is a book of chapters contributed by various authors, which outlines the key cases in English family law. Content The cases discussed are, *'' The Roos case'' (1670): Rebecca Probert, Associate Professor, University of Warwick. *'' J v C and Another'' 970AC 668L: Nigel Lowe, Professor of Law, Cardiff University. *''Corbett v Corbett'' (Orse. Ashley)971P 83: Stephen Gilmore, Senior Lecturer in Law, King's College London. *''Burns v Burns'' 984Ch 317.: John Mee, University College Cork. *'' Szechter (Orse. Karsov) v Szechter'' 971P 286: Mary Hayes, Emeritus Professor, University of Sheffield. *'' S v S''; '' W v Official Solicitor'' 972AC 24: Andrew Bainham, Fellow of Christ's College, University of Cambridge. *'' Poel v Poel'' 9701 WLR 1469: Rachel Taylor, University of Oxford. *'' Wachtel v Wachtel'' 973Fam 72: Gillian Douglas, Professor of Law, Cardiff University. *'' Gillick v West Norfolk and Wisbech AHA'' 986AC 112 ...
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London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Roman Empire, Romans as ''Londinium'' and retains its medieval boundaries.See also: Independent city#National capitals, Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national Government of the United Kingdom, government and Parliament of the United Kingdom, parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the Counties of England, counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London ...
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Leslie Scarman, Baron Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commerc ...
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Minton V Minton 1979
Minton may refer to: Places * Minton, Saskatchewan, a Canadian village * Minton, Shropshire, a hamlet in the parish of Church Stretton, England * Minton, a fictional town in New England featured in the 1860 novel '' The Ebony Idol'' by G.M. Flanders People with the given name * Minton Warren (1850–1907), American classical scholar Other uses * Minton (surname) See also * Mintons, an English pottery manufacturing company * Minton's Playhouse Minton's Playhouse is a jazz club and bar located on the first floor of the Cecil Hotel at 210 West 118th Street in Harlem, Manhattan, New York City. It is a registered trademark of Housing and Services, Inc. a New York City nonprofit provider ..., a bar and jazz club in New York City, United States * Mintonette, original name for the sport volleyball {{disambiguation, geo ...
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Capital Asset
A capital asset is defined as property of any kind held by an assessee, whether connected with their business or profession or not connected with their business or profession. It includes all kinds of property, movable or immovable, tangible or intangible, fixed or circulating. Thus, land and building, plant and machinery, motorcar, furniture, jewellery, route permits, goodwill, tenancy rights, patents, trademarks, shares, debentures, securities, units, mutual funds, zero-coupon bonds etc. are capital assets. Excluded from the definition # Any stocks in trade, consumable stores, or raw materials held for the purpose of business or profession have been excluded from the definition of capital assets. # Any movable property (excluding jewellery made out of gold, silver, precious stones, and drawing, paintings, sculptures, archeological collections, etc.) used for personal use by the assessee or any member (dependent) of assessee’s family is not treated as capital assets. '' ...
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Ancillary Relief
In English law, an application for financial relief following the presentation of a petition for divorce, nullity or judicial separation used to be described as ancillary relief. The term arose because the financial application was 'ancillary' to the petition. However, the term was discarded by the Family Procedure Rules 2010 which substituted it with the term "application for a financial order". Explanation The courts powers derive in large part from the Matrimonial Causes Act 1973, and in particular section 25(2) which sets out the statutory checklist of factors that should be taken into account. The court can order lump sum payments, property adjustment orders (e.g. requiring a property is transferred into the ownership of a husband or wife), periodical payments (known as 'maintenance') and (from 2000) pension sharing orders. Maintenance orders can be given on nominal or specific terms. Nominal orders operate on the basis that if the court makes no order for maintenance (known ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de fact ...
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