Cases
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D v D [2024] EWFC 7612 March 2024
HHJ Booth, sitting as a judge of the High Court: 25:75 division in favour of H following breakdown of second marriage and H’s substantial assets. Court considered W’s needs should be generously interpreted to overcome lack of SJE evidence as to W’s ill health. Needs would include W’s outstanding costs as summarily assessed by the court.
- Cases
- Interest
- Experts
- Costs
- Housing Need
- Spousal Maintenance (Quantum)
- Duxbury Capitalisation
- Matrimonial and Non-Matrimonial Property
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SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- 'Top-up' Maintenance
- Costs
- Child Maintenance
- Child Support
- Needs
- Child's Needs
- Children Act 1989 Schedule 1 Applications
- Needs of a Disabled Child
- Housing Need
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SP v AL & Ors (by their Litigation Friend FL) [2024] EWFC 72 (B)8 March 2024
HHJ Hess. Final Hearing of W’s application for financial remedy, with H’s children from a previous marriage intervening via their mother as their litigation friend. Significant comments re pension sharing and apportionment.
- Cases
- Pensions on Divorce
- Loans
- Debts
- Joinder of Third Parties
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Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)8 March 2024
Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement.
- Cases
- Mediation
- NCDR
- Family Procedure Rules
- Alternative Dispute Resolution
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Tousi v Gaydukova [2024] EWCA Civ 2036 March 2024
McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity?
- Cases
- Void Marriage
- Locus Lex Celebrationis
- Jurisdiction
- Transfer of Tenancy
- Non-Qualifying Ceremony
- Validity of marriage
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AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 545 March 2024
HHJ Willans. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property.
- Cases
- TOLATA Claims
- Matrimonial and Non-Matrimonial Property
- Third Party Rights
- Trusts of Land
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Re Z (No 5) (Enforcement) [2024] EWFC 444 March 2024
Cobb J. Enforcement of Schedule 1 Order: freezing order, capitalisation of periodical payments for the benefit of the child, and Hadkinson order made against F who resides in the USA.
- Cases
- Costs
- Children Act 1989 Schedule 1 Applications
- International Enforcement
- Hadkinson Orders
- Enforcement
- Freezing Injunctions
- Foreign Assets
- Duxbury Capitalisation
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Williams v Williams [2023] EWHC 2479 (Fam)28 February 2024
Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E.
- Cases
- Costs
- Legal Services Payment Orders
- Committal Applications and Judgment Summonses
- Freezing Injunctions
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C v D (No 2) (2007 Hague Convention) [2024] EWFC 3627 February 2024
MacDonald J underlines the limited circumstances in which the registration of a maintenance order pursuant to the Hague Convention 2007 may be appealed successfully.
- Cases
- Child Maintenance
- Jurisdiction
- International Enforcement
- Child Support
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TW v GC [2024] EWHC 949 (Fam)21 February 2024
This was an appeal of a final order in financial remedy proceedings heard by Mr Justice Cusworth. The appeal argued that HHJ Furness KC at first instance had pitched W’s needs at too high a level, applied needs to capital but sharing to pensions, and included interest on a lump sum while H was also paying maintenance. Appeal allowed on issue of pensions and interest only.
- Cases
- Interest
- Needs
- Duxbury Capitalisation
- Pensions on Divorce
- Sharing Principle