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N v J: the Last Word on Domestic Abuse as Conduct?
On Monday last week, in In N v J [2024] EWFC 184 (15 July 2024), Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) of the Matrimonial Causes Act 1973. Those interested in this area have been keen to see whether Mr Justice Peel, as the Lead Judge of the Financial Remedies Court, would move the dial either in terms of procedure, or the application of the substantive law. Like all of Mr Justice Peel’s judgments, it is erudite, comprehensive and concise. It is also timely.
- Blog
- Conduct
- Domestic Abuse
!24/07/2024 10:05
What Is a ‘Predicament of Real Need’?
In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. But what is the meaning of ‘predicament of real need’?
- Blog
- Pre-Nuptial Agreements
- Needs
!16/07/2024 14:38
Notionally Flawed? Notional Assessments in LSPO Applications
The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a ‘notional standard assessment’.
- Blog
- Legal Services Payment Orders
!11/07/2024 18:37
Important Development in the Marinos/Munro Saga
Although the judgment by Recorder Allen KC in TI v LI [2024] EWFC 163 (B) (21 June 2024) is not binding, and the comment is obiter, it contains a helpful analysis of the current state of the law. After considering the background the judge adopted a purposive approach and took the view that habitual residence was required throughout the whole period rather than just on the day of issue.
- Blog
- Habitual Residence
!08/07/2024 15:10
AT v BT: The Return of Compensation
In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case’. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).
- Blog
- Needs
- Compensation
- Assets
!20/06/2024 19:41
Latest cases
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TI v LI [2024] EWFC 163 (B)21 June 2024
Recorder Allen KC. Recognition of Pakistani divorce.
- Cases
- Overseas Divorce and the 1984 Act
- Jurisdiction
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AT v BT [2023] EWHC 3531 (Fam)6 November 2023
Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets.
- Cases
- Matrimonial and Non-Matrimonial Property
- Valuations
- Agreements
- Tax
- Compensation Principle
- Experts
- Trusts
- Sharing Principle
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V v W [2024] EWFC 11123 May 2024
Poole J. The issues for determination were whether this court had jurisdiction to hear dissolution proceedings in relation to a French pacte civil de solidarité, and, if so, is the forum conveniens for dissolution proceedings nevertheless in France?
- Cases
- Jurisdiction
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WJB v HJM [2024] EWFC 116 (B)15 February 2024
District Judge Ashworth. This was an application by W for a Hadkinson order preventing H from pursuing his application to vary an order for periodical payments made in 2017.
- Cases
- Periodical Payments
- Enforcement
- Hadkinson Orders
- Legal Services Payment Orders
- Costs
- Contempt of Court
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WXT v HMT (leave to claim financial relief following overseas divorce) [2024] EWFC 136 (B)7 June 2024
HHJ Vincent. The case concerned an application by W for leave to make a claim for financial relief following an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Leave Application
- Part III
- Overseas Divorce and the 1984 Act