Matrimonial Finance - 2023 Virtual Conference

Introduction

Chaired by Gavin Smith together with a panel of leading experts, this virtual conference will cover all you need to know about matrimonial finance from financial arbitration to pensions.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5-hour conference will cover the following:

10:00am-11:00am: The Rise of Financial Arbitration & Private FDRs - The New Normal?

‘FRC Judges will be ever-mindful of opportunities for the parties to engage in attempts to reach settlement of some or all the issues out of court by whatever means are suited to the case - Arbitration, Mediation, The Divorce Surgery and Private FDRs - and will encourage parties to explore the available possibilities’ (FRC Primary Principles, January 2022).

This session will include:

• Judicial support and current trends
• Dispelling the myths
• Choosing the right case
• Choosing the tribunal / evaluator
• Getting the best out of the process
• After an arbitration award: consent orders and challenges

Morning Break

11:10am-12:10pm: Spousal Maintenance - Latest News

Spousal maintenance claims remain one of trickiest areas to advise.

This session will address spousal maintenance at all stages of the proceedings and in particular:

• Maintenance pending suit and LSPO including ‘pound for pound’ orders
• Substantive maintenance orders: how much and how long?
• The treatment of post-separation income
• The importance of budgets
• Variation proceedings:
• How to address sudden changes in income: interim variations and suspensions
• When will the courts terminate a joint lives order

12:10pm-1:10pm: Pensions on Divorce - Current Problems & Opportunities

For separating spouses and civil partners, pensions are often a vital consideration. Pension schemes are not designed to cope with family breakdowns, and pension legislation and industry practice are fraught with complexity.

This session will cover:

• How to value pensions - what value is to be provided and when to get a second opinion
• Obtaining information from pension schemes
• What Pension Sharing Order (PSO) will your client want
• When to offset and when to opt for a PSO
• PSO charges - new guidance from the National Association of Pension Funds
• Implementing PSOs
• Helping clients deal with PSOs

Break for lunch

2:00pm-3:00pm: Divorce & The Family Home - Finance Matters

In most divorces the family home is the most valuable asset in any settlement. The position of the family is often complicated by the need for the party who has custody of the children to maintain occupation of the property until the children have reached 18 or left higher education.

The family home as the main residence has both tax opportunities and tax traps.

This session will look at:-

• Maintaining Principal Private Residence Relief
• Stamp Duty Land Tax considerations
• IHT issues
• Deferral of sale issues
• The session will conclude by looking at how recent tax proposals could affect the family home in future

Afternoon break

3:15pm-4:15pm: Pre & Post Nuptial Agreements - Latest News

More and more people want to enter into nuptial agreements, but the law is not clear. The current legal standing of nuptial agreements and how important disclosure is to the validity of the agreement will be covered as well as the following:

• Pre and post nuptial agreements and how you can develop this area in your practice
• Drafting tips - what to watch for
• Pitfalls to avoid
• Overseas nuptials
• Bank of ‘Mum and Dad’

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.