Cases
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A v M (No 2) [2024] EWFC 2141 August 2024
Sir Jonathan Cohen. Dispute over enforcement of a FR order giving W a share of the proceeds the husband received from a private equity fund where part of the investments in that fund were carried into a continuation fund.
- Cases
- Construction Of A Final Order
- Continuation Funds
- Enforcement
- Private Equity Funds
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BI v EN [2024] EWFC 200 (Fam)29 July 2024
Decision of Cusworth J concluding financial remedy proceedings between W and H. The principal issue concerned the extent to which the outcome of W’s application for financial remedies should be impacted by the ‘Contrat de Mariage’ (the elected séparation de biens property regime).
- Cases
- Foreign Assets
- Sharing Principle
- Agreements
- Compensation Principle
- Needs
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VS v OP (Litigation Misconduct, Quasi-Inquisitorial Approach and Inferences) [2024] EWFC 190 (B)18 July 2024
Recorder Chandler KC’s final order was 67% to H and 33% to W, the non-compliant party, and an SPP order in W’s favour even though she did not attend, had not made full disclosure and adverse inferences had been made.
- Cases
- Disclosure
- Costs
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NM v PM [2024] EWFC 199 (B)18 July 2024
DDJ Nahal-Macdonald. Preliminary issues hearing in relation to interpretation of a clause in a prenuptial agreement.
- Cases
- Matrimonial and Non-Matrimonial Property
- Agreements
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N v J [2024] EWFC 18415 July 2024
Peel J’s view is that it is unlikely that domestic abuse would have a material impact on the vast majority of financial remedy cases, such that it would need to be litigated. Peel J uses the case of N v J to address the interplay between domestic abuse and conduct in the context of financial remedy proceedings.
- Cases
- Conduct
- Civil Partnerships
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Rotenberg v Rotenberg & Ors [2024] EWFC 18515 July 2024
Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the Thwaite jurisdiction. The jurisdiction should be used sparingly.
- Cases
- 'Thwaite Jurisdiction'
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HJB v WPB [2024] EWFC 18710 July 2024
HHJ Vincent. Preliminary hearing to determine whether parties should be held to a separation agreement. Agreement found to be ‘presumptively dispositive’. An agreement will not be unpicked merely because a business has thereafter performed well.
- Cases
- Disclosure
- Agreements
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IN v CH [2024] EWFC 2338 July 2024
Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.
- Cases
- Sale of Property
- Interim Relief
- Joinder of Third Parties
- Trusts
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 1602 July 2024
Peel J. The last instalment in the *Simon v Simon & Level* family court litigation. Level’s civil claim is yet to be determined. Peel J found that the family court cannot make a distributive order upon application of an intervenor to require one party to pay the other party such sum as the third-party intervenor says it is entitled to.
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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RM v WP [2024] EWFC 191 (B)28 June 2024
HHJ Hess considers when a property becomes the family home and therefore matrimonialised, and whether, once matrimonialised, it can become un-matrimonialised, and makes use of the Galbraith Tables while doing some heavy lifting to get the case to a practical, workable conclusion without further delay.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
- Galbraith Tables
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