Delayed Claims and After-Acquired Assets

Alexander Chandler, Barrister, 1 Garden Court. In ancillary relief cases, how should a significant lapse of time between separation and trial be taken into account? How should assets acquired or created after separation be treated? After-acquired assets are very difficult to categorise. In Rossi v Rossi [2006] EWHC 1482 (Fam) the court considered the proper approach to this and the impact of delay. This article looks at the history of the courts' approach to delay in ancillary relief cases where after-acquired assets are the subject of a dispute and identifies the clear principles which underlie the approach to these two issues currently. It also highlights the areas that remain unclear. See April [2007] Fam Law for the full article.

Read the full article here.