The Summary of the Summaries (Summer 2023)

Published: 03/07/2023 08:00

HD v WB [2023] EWFC 2 (Peel J)

Pre-nuptial agreement challenged by husband on the basis that he did not understand its implications and that it would not meet his needs. Husband was successful on this second contention. He received a needs-based award, albeit only 4% of overall liquid assets. Keywords: costs; agreements; needs

A Former Wife v A Former Husband [2023] EWFC 4 (Recorder Moys)

Extraordinarily difficult litigant-in-person husband who was offensive to the judge, had to be removed from the hearing and sought effectively 100% of the assets. £1.3 million of assets divided broadly equally. Costs order against husband of £30,000 out of wife’s £58,000 costs. Keywords: conduct; managing difficult hearings

DP v EP [2023] EWFC 6 (HHJ Reardon)

Finding of economic abuse amounting to s 25(2)(g) conduct in circumstances where wife had dissipated/diverted assets away from trusting and functionally illiterate husband. The judge added back assets and assessed wife’s needs at a lower level, as well as costs award. Keywords: needs; costs; add-backs; economic abuse; conduct

Timokhin v Timokhina [2023] EWHC 58 (Fam) (Roberts J)

Appeal of decision of to stay Schedule 1 proceedings pending the outcome of concurrent Russian litigation dismissed. Consideration of the court’s statutory and common law powers to stay proceedings. Keywords: striking out applications; jurisdiction; appeals; Children Act 1989 Schedule 1 applications

G v G (Confiscation Order: Conduct) [2023] EWFC 16 (HHJ Robinson)

Consideration of the fair way to deal with a £411,000 confiscation order against husband following a conviction for fraud. The CPS intervened in the claim. Found that the order amounted to s 25(2)(g) conduct, but that the sum should be repaid out of matrimonial funds to prevent husband being re-imprisoned. Keywords: conduct

Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115 (Macur, Nicola Davies and Carr LLJ)

Successful appeal by the wife against financial remedy order, based on Kingdon approach, following two successful set-aside applications for fraudulent non-disclosure. Held that husband’s fraud amounted to s 25(2)(g) conduct and was so far reaching that case needed to be reheard entirely. Keywords: disclosure; setting aside orders (including Barder applications)

Kaur v Singh [2023] EWHC 304 (Fam) (Peel J)

Inheritance Act claim by widow where her husband’s will had left his estate in equal shares to their two children. Claim brought under Part 8 and unopposed. Divorce cross-check applied and widow awarded 50% of the net value of the estate. Keywords: needs; Inheritance Act applications; reasonable financial provision

KM v CV No 1 [2022] EWFC 174 (HHJ Robinson)

Case concerning treatment of wife’s two police pensions where neither party had any capital. PODE report identified likely loss of value from pension sharing. Concluded that pension sharing would be inappropriate. £10,000 lump sum order in husband’s favour instead. Keywords: pensions on divorce; benefits; needs

KM v CV No 2 [2020] EWFC B22

Appeal allowed where the first instance judge had declined to make a pension sharing order in husband’s favour. Held that the original judgment had relied too heavily on the non-matrimonial character of the pension assets in circumstances where needs were the primary issue. Keywords: modest asset cases; needs; pensions on divorce

Tousi v Gayukova [2023] EWHC 404 (Fam) (Mostyn J)

Consideration of whether the court had jurisdiction to transfer a housing association tenancy between parties to an invalid marriage. Commentary on the state of the law with relation to non-qualifying ceremonies. Keywords: validity of marriage; void marriage; jurisdiction; locus lex celebrationis; transfer of tenancy; non-qualifying ceremony

Re P (Service on Parent in Refuge) [2023] EWHC 471 (Fam) (McFarlane P)

The President provided guidance on the correct service of legal documents on a person thought to be living in a refuge. Keywords: refuge; service

Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam) (Moor J)

Proprietary estoppel case in which daughter of divorcing parties sought declaration of her ownership of a property on her parents’ farm. Wife’s appeal against daughter being granted the property dismissed. Guidance on costs in respect of interveners. Keywords: TOLATA; joinder of third parties; costs

SS v RS [2023] EWFC 32 (Sir Jonathan Cohen)

Strike out of husband’s misconceived attempt to apply for compensation under the Domestic Abuse Act 2021 relating to wife’s delay in complying with an undertaking to use best endeavours to procure husband’s release from the mortgage on former family home after 2019 order. Keywords: costs; domestic abuse; undertakings; compensation principle; striking out applications

A v V [2022] EWHC 3501 (Fam) (Francis J)

Schedule 1 award with astronomical costs despite father being a litigant in person at the final hearing. Father’s attempt to rely on agreement pre-dating birth of child by 7 years not permitted. Straightforward provision of housing fund and other sums. Children Act 1989, s 91(14) order made for 5 years against both parties. Keywords: costs; Children Act 1989 Schedule 1 applications; millionaire’s defence; trusts

X v Y, Re Z (No 4 Schedule 1 Award) [2023] EWFC 25 (Cobb J)

Schedule 1 award in long-running litigation in which father had withdrawn from engagement in the proceedings by the time of the final hearing. Consideration of the effect of mother’s misleading of the court in respect of alleged debts and improper transfers. Keywords: conduct; Children Act 1989 Schedule 1 applications; enforcement

S v S (Conduct: Pensions) [2022] EWFC 176 (HHJ Robinson)

Financial remedy proceedings involving police officer whose pension had been deducted in civil proceedings following his conviction for rape of the wife and other serious offenses. Husband’s behaviour amounted to conduct under s 25(2)(g), which led to her receiving 85% of the capital and 66% of the pensions. Keywords: pensions on divorce; conduct

MN v AN [2023] EWHC 613 (Fam) (Moor J)

Notice to Show Cause application by which husband sought to hold wife to the terms of a pre-nuptial agreement. Wife’s arguments that she had been coerced into the pre-nuptial agreement and that it did not meet her needs were both rejected by Moor J. Keywords: agreements; conduct

NO v PQ [2023] EWFC 36 (Recorder Taylor)

Consideration of informal post-nuptial agreement by which parties agreed to divide their assets. Husband, who had taken his share and invested it in a disastrous business venture, later sought 50% of the former family home as well. Held that he ought not receive this, despite placing him in a predicament of real need. Keywords: agreements; needs

EL v ML [2023] EWFC 43 (HHJ Hess)

Permission refused in circumstances whether wife had sought to appeal a consent order entered into by the parties in 2019 on the basis that no Form D81 had been submitted to the court. Wife’s solicitor’s approach was found to have misconceived. Keywords: setting aside orders (including Barder applications); appeals; waiver of privilege; consent orders

Xanthopolous v Rakshina [2023] EWFC 50 (Sir Jonathan Cohen)

Final hearing of long-running Part III proceedings at which the husband did not appear. The judge found that the post-nuptial agreement had been freely entered into and made a ‘needs-light’ based award with a lifetime reversionary housing fund and short-term maintenance. Keywords: professional ethics; legal services payment orders; companies; conduct; costs; overseas divorce and the 1984 Act

HP v AP [2023] EWFC 49 (HHJ Willans)

Application to set aside a consent order for material non-disclosure on the basis that husband had failed to disclose information which undermined his case as to a property being owned beneficially by his father. Application dismissed. Keywords: disclosure; undue influence; non-disclosure; setting aside orders (including Barder applications)

©2023 Class Legal
Class Legal


Share this

    Most read