All Things Family Law

Double, Double ‘Goyal’ and Trouble: An Easy Way to Sharing Foreign Assets on Divorce? I n the hustle and bustle of the run up to Christmas one can (perhaps) be forgiven for overlooking the latest decision on the ability of the English courts to impose orders over foreign assets. Whilst we were all eating mince pies and watching Home Alone as if it were a new release, the court was seeking to provide clarity on an issue which is becoming so important in an increasingly globalised world. The case of Goyal v Goyal [2016] EWHC 2758 (Fam ) provides, at least in the interim, welcome guidance and reinforcement of the principles of sharing foreign assets. It is also a stark reminder of the fatality of failing to follow the correct procedures and how the court will not indulge such shortcomings even where a party does not have the benefit of legal representation (Mrs Goyal did not have a lawyer).   The (Brief) History Mr and Mrs   Goyal had been married for 8 yea...

For some time now I have advocated the need for the profession to implement a more flexible and modern way of charging legal fees. There is a growing dissatisfaction amongst the public with the traditional way of structuring legal costs. Clients, understandably in my view, are craving more certainty with what a divorce is going to cost. The problem exists in the very nature of the proceedings. Decisions made in divorce and family law cases are often shrouded by emotion. A difficult opponent, intent on making sure his or her spouse does not receive a fair share of the assets, does nothing to dilute this toxic mix. Throw in expert fees and suddenly you have a recipe for growing costs. Against this background it remains very difficult for a family lawyer to provide a truly accurate estimate at the outset. Indeed, and this is one of my ‘pet hates’, a sharp practice has developed amongst some firms who will underestimate at the outset to secure the instructions of the client only for...