Cases: Pensions on Divorce
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RN v TT [2024] EWFC 264 (B)14 June 2024
HHJ Hess. W (51) and H (49) cohabited in a flat in W’s sole name from late 2003 and married in 2004. W was a GP. H was a former painter and decorator.
- Cases
- Pensions on Divorce
- Delay
- Needs
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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
- Joinder of Third Parties
- Debts
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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
- Sharing Principle
- Pensions on Divorce
- Interest
- Duxbury Capitalisation
- Needs
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BC v SC [2023] EWFC 307 (B)12 December 2023
DDJ Holmes-Milner. FR decision at DDJ level. Consideration of treatment of critical illness payout for H’s cancer.
- Cases
- Housing Need
- Pensions on Divorce
- Impaired Life Expectancy
- Costs
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SY v Personal Representatives of the Estate of DY (Deceased) [2023] EWFC 280 (B)14 August 2023
Recorder Hames KC: Appeal against PSO out of time following death of W allowed and substituted by lump sum order to reflect lost benefit to the Estate for the benefit of the children.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
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WK v GC [2023] EWFC 15128 April 2023
HHJ Hess. Approach to quantifying capitalisation of spousal maintenance some years after original order.
- Cases
- Spousal Maintenance (Quantum)
- Pensions on Divorce
- Variation Applications
- Duxbury Capitalisation
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Joanne Lewis v Cunningtons Solicitors [2023] EWHC 822 (KB)31 March 2023
HHJ Coe KC. Successful negligence claim in relation to pensions advice on divorce.The Claimant, after receiving some advice from the Defendants, but in the absence of full disclosure, entered into direct discussions with her husband and then instructed th…
- Cases
- Professional Negligence
- Pensions on Divorce
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S v S (Conduct: Pensions) [2022] EWFC 17611 March 2023
HHJ Robinson. Financial remedy proceedings involving a police officer who was convicted of serious offences including rape of his W. H pension was permanently deducted by 1% following proceedings brought by his Local Police and Crime Commissioner. The…
- Cases
- Pensions on Divorce
- Conduct
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KM v CV [2022] EWFC 1741 March 2023
HHJ Robinson. Case concerning pensions where neither party had any capital. FMH had been sold with £10,000 left after payment of mortgage and costs.Case concerned treatment of W’s two police pensions. Pension expert, Mr Nobbs, concluded equalis…
- Cases
- Pensions on Divorce
- Benefits
- Needs
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