Cases
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Loh v Loh-Gronager [2024] EWFC 241 (Fam)29 July 2024
Cusworth J. A preliminary issue hearing where the substantive question was how the chattels fell to be characterised for the purposes of the prenuptial agreement, and consequently the respective entitlements of the parties in those items following their divorce.
- Cases
- Chattels
- Agreements
- Contributions
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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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LI v FT (Maintenance Pending Suit) [2024] EWFC 342 (B)19 July 2024
DDJ Harrop. Decision on costs after an MPS application with no clear winner. The court was dismayed by what had been incurred in legal fees contesting the MPS application. W incurred £27,000 in a little over a month and H nearly £12,000. The sums could have paid for the disputed holiday nearly twice over or, as the husband points out, met a term’s school fees. The MPS costs were the context of W having already incurred £100,000 in legal fees up to the FDA, and H’s £26,000.
- Cases
- Maintenance Pending Suit
- Costs
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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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HW v WB (Financial Remedies; Treatment of Post-nuptial Agreement) [2024] EWFC 328 (B)5 July 2024
DJ Phillips. Final hearing where the issues concerned whether a post-nuptial agreement was binding on the parties and fair. The parties were married for 9 years and had one child, 10, and, W’s older child, 19, who was treated as a child of the family, having been 6 years when the parties met. Four days after the marriage, the parties signed a PNA.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Agreements
- Child Maintenance
- Needs
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