Cases
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DX v JX [2022] EWFC 1916 March 2022
Moor J.H’s application to vary and/or terminate a spousal periodical payments order, which was agreed by consent in 2017 in England. The spousal periodical payments order was a fixed percentage of H’s income, as opposed to being calculated by reference to…
- Cases
- Release from Undertakings
- Spousal Maintenance (Quantum)
- Jurisdiction
- Variation Applications
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ND v LD (Financial Remedy: Needs) [2022] EWFC B1510 March 2022
DDJ Arshad.Rare reported DDJ decision in modest asset case. Discusses special measures (including some rather unusual) taken before and during hearing in light of H’s mental health and (notwithstanding his capacity) suicidal ideation. Both parties’ housin…
- Cases
- Pensions on Divorce
- Special Measures in Conduct of Hearing
- Needs
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MG v GM [2022] EWFC 81 March 2022
MPS and LSPO application by W in a case described by Peel J as 'a battle royale' ([3]). Each party denied holding liquid assets, and asserted the other had access to significant wealth. Peel J decided that in these circumstances he must be circumspect. It…
- Cases
- Interim Relief
- Maintenance Pending Suit
- Legal Services Payment Orders
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Collardeau-Fuchs v Fuchs [2022] EWFC 6 (21 February 2022)21 February 2022
Mostyn J.Ultra high net worth couple. This judgment relates to W’s application for interim maintenance -- there was significant disparity (£99,000 per month) between the parties’ respective positions on quantum. Moylan LJ’s comments in Rattan v Kuwad [202…
- Cases
- Interim Relief
- Agreements
- Maintenance Pending Suit
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P v Q (Financial Remedies) [2022] EWFC B9 (10 February 2022)10 February 2022
HHJ Hess. Financial remedy proceedings in which parties’ respective parents had provided them with funds to enhance their lifestyle, which court held to be soft loans rather than gifts. Discussion of importance of determining whether hard/soft; gives some…
- Cases
- Companies
- Add-Backs
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Baker v Baker [2022] EWFC 154 February 2022
Mostyn J.Application by W for maintenance pending suit following Rattan v Kuwad [2021] EWCA Civ 1. Held, court entitled to make assumptions about H’s ability to pay in face of ‘lamentable’ disclosure. Declines to allow W to roll up part of her income in c…
- Cases
- Disclosure
- Conduct
- Maintenance Pending Suit
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Bailey v Bailey (Committal) (Rev1) [2022] EWFC 5 (4 February 2022)4 February 2022
Peel J.W’s application for committal of H and two others for breaches of financial remedy order following ‘almost interminable’ proceedings. H argued that the earlier financial remedy judgment (as opposed to order) was not admissible in the current applic…
- Cases
- Foreign Assets
- Admissibility of Civil Judgments in Other Proceedings
- Committal Applications and Judgment Summonses
- International Enforcement
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Goddard-Watts v Goddard Watts [2022] EWHC 711 (Fam)3 February 2022
Sir Jonathan Cohen.Second rehearing of W’s application for financial remedy orders, two previous orders having been set aside due to H’s non-disclosure. W’s application based on H’s knowledge at the time of the (second) judgment that he was about to recei…
- Cases
- Disclosure
- Costs
- Procedure on Non-Disclosure
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Loggie v Loggie [2022] EWFC 227 January 2022
Mostyn J.Wife’s application for husband to indemnify her in relation to unexpectedly high fees of SJE in long-running financial remedy proceedings. This indemnity had been agreed in the earlier proceedings but not incorporated into the final order. Mostyn…
- Cases
- slip rule
- Experts
- Costs
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Ali v Dinc & Anor [2022] EWCA Civ 3421 January 2022
Lord Justice Green, Lord Justice Birss and Lady Justice Whipple.The claim concerned the transfer of properties between the parties and the dispute that arose as to the terms of that arrangement. At trial, the judge rejected key aspects of each party’s cas…
- Cases
- Appeals
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