Cases
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WC v HC (Financial Remedies Agreement) (Rev1) [2022] EWFC 2222 March 2022
Peel J.W’s financial remedy application resulted in a needs-based award of £7.45m net (c.60%). H was from a very wealthy family, and the parties’ lifestyle had been funded by H’s father via annual gifts which had ceased since the divorce proceedings. A po…
- Cases
- Agreements
- Efficient Conduct
- Prospective Inheritance
- Needs
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Hudson v Hathway [2022] EWHC 631 (QB)21 March 2022
Kerr J.Unmarried couple with family home in joint names. On separation, they agreed respondent would retain house and savings and forsake interest in claimant’s pension and shares (even though unmarried). Thereafter the respondent paid the interest-…
- Cases
- TLATA Applications
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Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 2921 March 2022
Nicholas Cusworth QC. Convoluted procedural history in which a consent order was sealed by the court without knowledge of other relevant applications, and W received no liquid capital capable of being used to repay her litigation funder. Funder therefore…
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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Re A (Schedule 1, Overspend, Costs Clawback) [2022] EWFC 2121 March 2022
Editor's note: this judgment has been removed from Bailii, possibly because of concerns about jigsaw identification.Recorder Chandler QC.Schedule 1 proceedings in which M sought that F clear all her liabilities and provide additional periodical payments a…
- Cases
- Costs
- Children Act 1989 Schedule 1 Applications
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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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