Cases
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AH v BH [2024] EWFC 1257 June 2024
Peel J final hearing judgment in high-net-worth FR case in which the parties had entered into a pre-nuptial agreement which purported to ‘severely limit W’s financial remedy claims in her own right and the financial needs of W and the children’.
- Cases
- Spousal Maintenance (Quantum)
- Agreements
- Needs
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JK v LM [2024] EWHC 1442 (Fam)23 May 2024
Cobb J. The case concerned four applications by the mother for an LSPO to cover the costs of her legal representation in ongoing proceedings under Schedule 1 (where she sought financial provision for the six-year old child) and s 8 CA 1989.
- Cases
- Freezing Injunctions
- Land Registration Act 2002
- Children Act 1989 Schedule 1 Applications
- Legal Services Payment Orders
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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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SK v RR [2024] EWHC 1418 (Fam)1 May 2024
HHJ Moradifar. The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings.
- Cases
- Forum Conveniens
- divorce
- Jurisdiction
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Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam)15 May 2024
Henke J. Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’.
- Cases
- Validity of marriage
- Appeals
- Setting Aside Orders (Including Barder Applications)
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C v S [2024] EWFC 10915 May 2024
Peel J. H’s D11 application in relation to the implementation of a final order in matrimonial finance proceedings.
- Cases
- Personal Injury Awards
- Mortgages
- Financial Remedies Court (FRC)
- Costs
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NA v LA [2024] EWFC 11324 May 2024
Nicholas Allen KC sitting as a Deputy High Court Judge. A ‘paradigm’ case for the court to exercise its new powers under FPR 3.4 to stay proceedings for the parties to engage in NCDR.
- Cases
- Stay of Proceedings
- NCDR
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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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Standish v Standish [2024] EWCA Civ 56723 May 2024
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
- Cases
- Matrimonial and Non-Matrimonial Property
- Sharing
- Gifts
- Matrimonialisation
- Tax
- Autonomy
- Trusts
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TY v XA [2024] EWFC 9624 April 2024
Moor J. Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Mr Justice Moor reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III, which should from now on be on notice. The test is as set out at section 13 of the 1984 Act. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong.
- Cases
- Overseas Divorce and the 1984 Act
- Appeals
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