TLATA, Debts, and the Claims of Interveners

This lecture is essential viewing for those with a regular financial remedy practice.

We are increasingly seeing cases where family members or friends lend money for legal costs, property purchases, or to buy out another party. From the earliest stage, all involved want to know how the court will treat these funds, including any further advances, and what steps can be taken to protect their position.

We are also seeing more complex family arrangements, where more than two spouses or partners have contributed to property or other assets, or where agreements exist - for example, allowing an elderly relative to live in a property.

Family lawyers are not always comfortable analysing whether a party may have a TLATA claim. It is therefore essential to identify potential issues at the earliest stage, understand what evidence will be required, and have this in order for the first appointment. This allows appropriate directions to be made and ensures that meaningful negotiations can take place.

Badly run intervenor claims are expensive and cause delay. These issues need to be dealt with at the start of the proceedings, not kicked down the road.

Top 3 Things Facts From the Webinar:

• The treatment and management of debts and family gifts

• Third-party assets held on behalf of parties

• Third-party claims to marital assets

• How courts treat debts and gifts, including practical guidance on protecting money that has been loaned
• The position of third parties
• A refresher on key TLATA principles
• How intervenor claims can be managed as cost-effectively as possible in practice
• When intervenors should (and should not) be joined, and alternatives to joinder