In the second part of a two-part article, Hannah Minty, solicitor in Family team, comparing how the principles applied in Scottish courts under the Family Law (Scotland) Act 1985 might have changed the outcome of the financial remedies awarded in cases had they been heard in Scotland rather than England. Three cases are looked at: K v L (Ancillary Relief: Inherited Wealth) on the treatment of pre-marital assets; Kremen v Agrest on when a post-nuptial agreement would be disregarded; and Whaley v Whaley on the inclusion of trust assets as matrimonial property.
This article was first published in Family Law Journal (http://www.familylawjournal.co.uk), "Close Comparison", FLJ No.118, July/August 2012, p 8-11.
Click here to see first part of the article.
Close Comparison - Family Law Journal - July12.pdf