Cases
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SV v AV [2024] EWFC 86 (B)7 February 2024
DJ Ashworth. Final financial remedy hearing involving the weight to be attached to a pre-nuptial agreement, non-matrimonial and matrimonial property, and the computation of assets.
- Cases
- Pre-Nuptial Agreements
- Matrimonial and Non-Matrimonial Property
- Cohabitation
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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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GH v H [2024] EWHC 2869 (Fam)12 November 2024
Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.
- Cases
- Fixed Costs
- Child Maintenance
- Periodical Payments
- Interest
- Loans
- Charging Orders
- Costs
- Third Parties
- Debts
- Enforcement
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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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Helliwell v Entwistle [2024] EWHC 1298 (Fam)20 March 2024
Francis J. Costs judgment in ‘paradigm case’ of how not to conduct litigation in a short childless marriage, which started as a show cause application.
- Cases
- Costs
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KD v SD [2024] EWFC 334 (B)18 November 2024
District Judge Hatvany. Final hearing in a needs case concerning a relatively short marriage where the breadwinner and main financial contributor is now also the primary carer for the children.
- Cases
- Contributions
- Needs
- Short Marriage
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Helliwell v Entwistle [2024] EWHC 740 (Fam)16 February 2024
Francis J. A ‘paradigm case’ of how not to conduct litigation in a short childless marriage.
- Cases
- Agreements
- Short Marriage
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A v M (No 3) [2024] EWFC 29925 October 2024
Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.
- Cases
- Disclosure
- Conduct
- Striking Out Applications
- Setting Aside Orders (Including Barder Applications)
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ED v OF [2024] EWFC 2979 September 2024
Cusworth J. Financial remedy proceedings relating to the valuation and division of a high-value music catalogue as a key matrimonial asset.
- Cases
- Matrimonial and Non-Matrimonial Property
- Companies
- Tax
- Valuations
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JL v NN [2024] EWHC 148925 April 2024
Williams J allowed W’s appeal on the basis that the judge failed to explicitly evaluate critical evidence and reach clear conclusions. Williams J confirmed that the civil standard of proof for fraud and dishonesty in the Financial Remedies Court is subject to the same balance of probabilities standard as any other factual issue, even if fraud issues should not be pleaded without an evidential basis.
- Cases
- Dishonesty
- Burden Of Proof
- Housing Need
- Fraud
- Appeals
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