Agreements
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Thomas v Cynberg [2024] EWHC 2164 (Ch)23 August 2024
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.
- Cases
- Agreements
- TLATA Claims
- Bankruptcy
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NM v PM [2024] EWFC 199 (B)18 July 2024
DDJ Nahal-Macdonald. Preliminary issues hearing in relation to interpretation of a clause in a prenuptial agreement.
- Cases
- Matrimonial and Non-Matrimonial Property
- Agreements
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AT v BT [2023] EWHC 3531 (Fam)6 November 2023
Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Agreements
- Experts
- Tax
- Compensation Principle
- Valuations
- Trusts
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AH v BH [2024] EWFC 1257 June 2024
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’.
- Cases
- Spousal Maintenance (Quantum)
- Agreements
- Needs
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BL v OR [2023] EWFC 229 (Fam)7 December 2023
Sir Jonathan Cohen. Final hearing involving a prenuptial agreement in circumstances where W had transferred her property, which amounted to W parting with the bulk of her assets.
- Cases
- Housing Need
- Agreements
- Duxbury Capitalisation
- Needs
Xydhias, 25 Years On – What Exactly IS a Xydhias Agreement?
Practitioners will be familiar with the oft quoted phrase that ‘the court is not a rubber stamp’ (Kelley v Corston [1998] 1 FLR 986). The court must continue to exercise its discretion under s 25 MCA 1973 even when presented with an agreement between parties.
- Journal
- FDRs
- Agreements
- Negotiations
- Xydhias
- Consent Orders
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L v O [2024] EWFC 65 February 2024
Cobb J. Interlocutory applications prior to substantive Barder hearing. Applications for stay and Hadkinson order dismissed. Application for security of costs granted owing to residence outside the jurisdiction.
- Cases
- Foreign Assets
- Hadkinson Orders
- Agreements
- Security for costs
- Costs
- Variation Applications
- International Enforcement
- Enforcement
- Setting Aside Orders (Including Barder Applications)
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A Wife v A Husband [2023] EWFC 2009 November 2023
HHJ Willans. Financial remedy application involving a single issue, namely, what were W’s housing needs and how should those needs be funded.
- Cases
- Agreements
- Jurisdiction
- Children Act 1989 Schedule 1 Applications
- Debts
- Needs
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TRNS v TRNK [2023] EWFC 13310 August 2023
Cohen J. W not held to PNA due to material non-disclosure by H in not updating disclosure which he knew/believed to be out of date.
- Cases
- Disclosure
- Agreements
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HAT v LAT [2023] EWFC 16229 September 2023
Peel J. Application by W for MPS and LSPO where the parties had entered into and implemented a Deed of Separation 30 years ago.
- Cases
- Agreements
- Maintenance Pending Suit
- Delay
- Legal Services Payment Orders
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