Collusion in divorce affects inheritance

A landmark ruling in Thomas Sismey v Marissa Salandron may have far reaching effects for estate, family and insolvency law.

The Judge found that a divorce settlement that had been approved by the Family Court had been “collusive”. ¬†Previously only considered a hypothetical possibility, this case illustrates the Court’s ability to go behind a divorce settlement order to decide whether it was fair.

Landmark case sees Section 11 of Inheritance Act 1975 litigated

This case is the first which sees section 11 of the Inheritance Act 1975 being litigated to trial, providing significant consequences for both estate, family and insolvency law. Imogen Halstead, barrister of No5 Chambers, acted on successfully defended the claim under section 11 in a ruling which involved new and ground-breaking discussion of the circumstances in which a divorce settlement, approved by a family court, could be disapplied.