TY v XA [2024] EWFC 96 (Moor J)

Ripples from the decision in Potanin v Potanina [2024] UKSC 3. Moor J reiterated that Potanin had not changed the basic test for the grant of leave to apply for financial relief under Part III MFPA 1984, which should from now on be on notice. The test is as set out at the 1984 Act, s 13. Potanin had stated that applying a test based on ‘compelling reasons’ or ‘knock-out blow’ was wrong. Keywords: overseas divorce and the 1984 Act; appeals

TW v GC [2024] EWHC 949 (Fam) (Cusworth J)

This was an appeal of a final order in financial remedy proceedings. 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. Keywords: sharing principle; pensions on divorce; interest; Duxbury capitalisation; needs

Re RA (Appeal: Validity of a Marriage: Finding of Fact) [2024] EWHC 1144 (Fam) (Henke J)

Successful appeal of a fact-finding, despite such an appeal being ‘notoriously difficult’. Helpful summary of the law as to appeals. Keywords: validity of marriage; appeals; setting aside orders (including Barder applications)

BC v SC [2023] EWFC 307 (B) (DDJ Holmes-Milner)

FR decision at DDJ level. Consideration of treatment of critical illness payout for H’s cancer. Keywords: housing need; pensions on divorce; impaired life expectancy; costs

V v W (Jurisdiction: Dissolution of Pacte Civil de Solidarité) [2024] EWFC 111 (Poole J)

The applicant applied for dissolution of a PACS in England & Wales claiming jurisdiction as he was domiciled in England & Wales. The respondent contended that the applicant was domiciled by choice in France, and therefore, the there was no Family Court jurisdiction or the court should decline to exercise that jurisdiction on grounds that the courts in France provide the most appropriate forum. Held that by the end of 2016, applicant had formed intention indefinitely and permanently to reside in France. Application dismissed. Keywords: jurisdiction

NA v LA [2024] EWFC 113 (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. Keywords: stay of proceedings; NCDR

C v S [2024] EWFC 109 (Peel J)

H’s D11 application in relation to the implementation of a final order in matrimonial finance proceedings. H awarded costs on a ‘clean sheet’ basis owing to W’s litigation conduct. Keywords: personal injury awards; mortgages; Financial Remedies Court (FRC); costs

WJB v HJM [2024] EWFC 116 (B) (DJ Ashworth)

This was an application by W for a Hadkinson order preventing H from pursuing his application to vary an order for periodical payments made in 2017 (‘the order’). Hadkinson order made. Keywords: Hadkinson orders; contempt of court; periodical payments; costs; legal services payment orders; enforcement

AT v BT [2023] EWHC 3531 (Fam) (Francis J)

Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets. Keywords: compensation; assets; needs

UD v TQ [2024] EWFC 119 (B) (HHJ Hess)

Final hearing in case involving footballer. Application of Moher in light of H’s misconduct and attachment of earnings order made to secure maintenance. Keywords: child maintenance; conduct; costs; disclosure from third parties; enforcement

AH v BH [2024] EWFC 125 (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’. Keywords: spousal maintenance (quantum); agreements; needs

SK v RR [2024] EWHC 1418 (Fam) (HHJ Moradifar)

The primary issue in this case was forum and convenience, which arose from two sets of divorce proceedings. Keywords: forum conveniens; divorce; jurisdiction

JK v LM [2024] EWHC 1442 (Fam) (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 Sch 1 (where she sought financial provision for the 6-year old child) and s 8 CA 1989. Keywords: freezing injunctions; Land Registration Act 2002; Children Act 1989 Schedule 1 applications; legal services payment orders

WXT v HMT (leave to claim financial relief following overseas divorce) [2024] EWFC 136 (B) (HHJ Vincent)

The case concerned an application by W for leave to make a claim for financial relief following an overseas divorce under Part III MFPA 1984. Permission granted. Keywords: Part III; overseas divorce and the 1984 Act; leave application

TI v LI [2024] EWFC 163 (B) (Recorder Allen KC)

Recognition of Pakistani divorce. Keywords: jurisdiction; overseas divorce and the 1984 Act

AB v BA [2024] EWHC 1179 (Fam) (Cusworth J)

Appeals allowed against instalment quantum for payment of costs and the requirement for permission to enforce further costs orders. Keywords: costs; enforcement

Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 160 (Peel J)

The last instalment in the Simon v Simon & Level Family Court litigation. Level’s civil claim is yet to be determined. Peel J found that the Family Court cannot make a distributive order upon application of an intervenor to require one party to pay the other party such sum as the third-party intervenor says it is entitled to. Keywords: litigation funding; joinder of third parties; setting aside orders (including Barder applications)

Gudmundsson v Lin [2024] EWHC 1576 (Fam) (Peel J)

Peel J does his best to put into practice the intention of the original financial remedies order, despite H depriving W of 50% of the FMH by not informing the court that there was a bankruptcy order. Keywords: bankruptcy

Brown v Brown [2024] EWFC 181 (B) (DJ Dodsworth)

A useful insight to a district judge level approach to contempt proceedings in financial remedies. H’s failure to file a Form E and CETV for pension. Keywords: committal applications and judgment summonses

Rotenberg v Rotenberg & Ors [2024] EWFC 185 (Peel J)

Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the Thwaite jurisdiction. The jurisdiction should be used sparingly. Keywords: Thwaite jurisdiction

NM v PM [2024] EWFC 199 (B) (DDJ Nahal-Macdonald)

Preliminary issues hearing in relation to interpretation of a clause in a prenuptial agreement. Keywords: matrimonial and non-matrimonial property; agreements

VS v OP (Litigation Misconduct, Quasi-Inquisitorial Approach and Inferences) [2024] EWFC 190 (B) (Recorder Chandler KC)

Recorder Chandler KC’s final order was 67% to H and 33% to W, the non-compliant party, and an SPP order in W’s favour even though she did not attend, had not made full disclosure and adverse inferences had been made. Keywords: disclosure; costs

RM v WP [2024] EWFC 191 (B) (HHJ Hess)

HHJ Hess considers when a property becomes the family home and therefore matrimonialised, and whether, once matrimonialised, it can become un-matrimonialised, and makes use of the Galbraith Tables while doing some heavy lifting to get the case to a practical, workable conclusion without further delay. Keywords: sharing principle; matrimonial and non-matrimonial property; matrimonialisation; Galbraith Tables

A v R [2024] EWFC 218 (B) (DJ Dodsworth)

This judgment examines the legal principles relevant to raising conduct arguments in financial remedy proceedings. Keywords: domestic abuse; conduct

Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch) (James Pickering KC sitting as a Deputy High Court Judge)

A declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. A ‘subsequent agreement’ is not limited to those compliant with the LP(MP)A 1989 but can include informally arising constructive trusts. Keywords: TLATA applications; agreements; bankruptcy

GH v GH [2024] EWHC 2547 (Fam) (Peel J)

Successful appeal against decision not to order FDR. Although FPR 9.15(4)(b) allows a judge to dispense with an FDR in exceptional circumstances, ‘It is very hard to envisage a situation where the FDR should be dispensed with … The FDR (which for these purposes includes the increasingly popular Private FDR) is an integral part of the court process.’ Keywords: FDRs; Financial Remedies Court (FRC); appeals; efficient conduct