Cases
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Brake & Anor v Guy & Ors [2022] EWHC 1746 (Ch)11 July 2022
HHJ Paul Matthews. Application for a third party debt order (TPDO; formerly a garnishee order) against the trustees of Mr Brake’s SIPP. The debt was in relation to the costs of litigation lost by Mr Brake.Brake had already taken the tax-free lump su…
- Cases
- Enforcement
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Goodyear v Goodyear (Deceased) [2022] EWFC 9612 August 2022
HHJ Farquhar. Application by the husband to set aside a pension sharing order (‘PSO’) following the death of the wife. The application was opposed by the executor’s of the wife’s estate. The fundamental issue was whether the death…
- Cases
- Pensions on Divorce
- Setting Aside Orders (Including Barder Applications)
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X v Y [2022] EWFC 9515 August 2022
HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the abilit…
- Cases
- Adjourned Capital Claim
- Disclosure
- Conduct
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SC v TC [2022] EWFC 6720 May 2022
HHJ Hess.Financial remedies case involving postnuptial agreement, in which H had, in the face of a foreshortened life expectancy caused by Parkinson’s disease, voluntarily relinquished his clear entitlement both to sharing and to a needs-based award…
- Cases
- Agreements
- Impaired Life Expectancy
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Barclay v Barclay [2022] EWHC 2026 (Fam)28 July 2022
Cohen J. Three judgment summonses brought by Lady Hiroko Barclay against former husband Sir Frederick Barclay for admitted breaches of (1) two £50m lump sum financial remedy orders from 2021, (2) a legal services payment order, and (3) arrears of maintena…
- Cases
- Committal Applications and Judgment Summonses
- Enforcement
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X v C [2022] EWFC 7912 July 2022
HHJ Farquhar.Modest asset financial remedy case published as part of commitment to publication of court judgments at all levels. Assets comprised FMH H’s sole name, net equity c.£258k; a house owned by W and her former husband in which the latt…
- Cases
- Publicity and Confidentiality
- Housing Need
- Pensions on Divorce
- Conduct
- Tax
- Section 25(1) First Consideration
- Needs
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Paul v Paul & Ors [2022] EWHC 1638 (Fam)14 June 2022
Moor J.Application by K for reasonable financial provision from estate of her late husband S, and a declaration that the FMH in S’s sole name was held on constructive trust for herself and S’s estate in equal shares. For unknown reasons, as marriage happy…
- Cases
- TLATA Applications
- Inheritance Act Applications
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DE v FE [2022] EWFC 711 July 2022
Cohen J.Financial remedies claim. Parties in their forties, three young children, length of marriage c.13 years. Both parties had worked hard in the financial sector. FMH was pre-owned by H. Parties lived there together for 18–24 months before renting it…
- Cases
- Matrimonial and Non-Matrimonial Property
- Duration of the Marriage
- Valuations
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Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 5313 June 2022
Mostyn J.Substantive financial remedies decision accompanying Gallagher v Gallagher (No.1) (Reporting Restrictions) [2022] EWFC 52. Assets £34.5m including value of H’s 50% shareholding in a construction company. The value of the company was established u…
- Cases
- Matrimonial and Non-Matrimonial Property
- Valuations
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VSN v Secretary of State for Work and Pensions and JN [2022] UKUT 138 (Administrative Appeals Chamber)17 May 2022
Upper Tribunal Judge Poynter.This was an application for permission to appeal, persuasive but not binding, and published because it dealt with a novel situation: was a mirror order a “maintenance order” within the meaning of the Child Support…
- Cases
- Child Maintenance
- Overseas Divorce and the 1984 Act
- International Enforcement
- Child Support
- Mirror Orders
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