WC v HC (Financial Remedies Agreement) (Rev1) [2022] EWFC 22

Published: 22/03/2022 09:00

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/22.html

Peel J.

W’s financial remedy application resulted in a needs-based award of £7.45m net (c.60%). H was from a very wealthy family, and the parties’ lifestyle had been funded by H’s father via annual gifts which had ceased since the divorce proceedings. A post-marital agreement had been negotiated in mid-2017 providing W with c.£7.1m plus child provision.

W’s conscious decision not to sign the post-marital agreement took it outside of the Radmacher presumptions, but it remained one of the relevant factors to be weighed in the s 25 exercise. Steps taken by H’s father rendered the prospect of further support a safety net in the event of calamity, rather than a foreseeable ongoing resource.

[1] of Peel J’s judgment is the latest iteration of the clear trend towards greater scrutiny of PD27A / Efficiency Statement compliance. In short: 12pt font, 1.5 spacing means just that; pejorative but irrelevant s 25 statements will be met with criticism; and expenditure analysis must be provided well in advance of trial. See also [21] for a comprehensive (and concise) 16-point summary of the general applicable law to financial remedy applications.

Class Legal

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