Does a recent Court of Appeal decision provide post-Brexit guidance for financial remedy claims?

One of the many issues for family lawyers to grapple with following June's EU referendum vote is how this will impact on financial remedy claims. Lady Justice Black's decision on 26 July 2016 in Ali v Ansar-Ali [2016] EWCA Civ 781 suggests a way forward where a couple falls on harder economic times.

The husband had been a banker in Dubai in the latter stages of a 17-year marriage before the bank where he worked collapsed and he was made redundant also suffering life-threatening ill health. The assets involved nearly £4m including the family home rental properties shares and a Jersey trust.

At first instance Recorder Feehan QC remarked that 'it is often necessary in financial remedy proceedings to take notional figures for the value of the assets so as to be able to consider the potential effect of various possible orders and settle upon the one which is appropriate in the particular circumstances of the case. Although this can give the appearance of precision this is deceptive in that the asset may ultimately not realise exactly the notional figure'.

The husband appealed the first...

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