Helliwell v Entwistle [2024] EWHC 740 (Fam)16 February 2024

Francis J. A ‘paradigm case’ of how not to conduct litigation in a short childless marriage.

• Cases

• Agreements
• Short Marriage

• Rebekah Batt

HJB v WPB [2024] EWFC 18710 July 2024

HHJ Vincent. Preliminary hearing to determine whether parties should be held to a separation agreement. Agreement found to be ‘presumptively dispositive’. An agreement will not be unpicked merely because a business has thereafter performed well.

• Cases

• Disclosure
• Agreements

• Emily Lennon

BI v EN [2024] EWFC 200 (Fam)29 July 2024

Decision of Cusworth J concluding financial remedy proceedings between W and H. The principal issue concerned the extent to which the outcome of W’s application for financial remedies should be impacted by the ‘Contrat de Mariage’ (the elected séparation de biens property regime).

• Cases

• Foreign Assets
• Sharing Principle
• Agreements
• Compensation Principle
• Needs

• Sophie Cullis

Nilsson & Anor 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

• TLATA Applications
• Agreements
• Bankruptcy

• Isabella Thomas-Kelly

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

• Polly Morgan | Case Editor

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

• Isabella Thomas-Kelly

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

• Ellie Rogers

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

• Stephanie Coker

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

• Daniel Mutton
• Shannon Knight

!13/03/2024 07:00

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)

• Liam Kelly