Agreements
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Cohen J. W not held to PNA due to material non-disclosure by H in not updating disclosure which he knew/believed to be out of date.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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DT v Secretary of State for Work and Pensions (CSM) [2023] UKUT 175 (AAC)17 July 2023
Deputy Upper Tribunal Judge Rowland. Appeal against decision of First-tier Tribunal regarding the correct income figure upon which to base a Child Maintenance calculation. Appeal allowed.
- Cases
- Agreements
- Appeals
- Child Support
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Bogolyubova v Bogolyubov & Joint Stock Company Commercial Bank "Privatbank" [2022] EWFC 19924 June 2022
Mr Justice Peel. Application by the Bank (i) to intervene in financial remedy proceedings, (ii) to stay those proceedings and for the court not to approve a financial consent order pending the outcome of a commercial dispute between the Bank, the husband…
- Cases
- Agreements
- Stay of Proceedings
- Joinder of Third Parties
- Consent Orders
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Backstrom v Wennberg [2023] EWFC 7928 April 2023
Mr L. Samuels KC, sitting as a deputy High Court judge.The court heard cross applications for financial remedies orders. W issued a notice that H show cause why he should not be held to their pre- and post-marital agreements.H failed to attend the final h…
- Cases
- Non-Disclosure
- Disclosure
- Agreements
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NO v PQ [2023] EWFC 3623 February 2023
Mr Recorder Rhys Taylor. Agreement between the parties upheld notwithstanding H’s predicament of real need – ‘an unusual outcome … but justified as the only fair one on the facts’; [8]. W aged 60 and H aged 58, long marriage,…
- Cases
- Agreements
- Needs
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MN v AN [2023] EWHC 613 (Fam)10 March 2023
Moor J. H’s application that W show cause why she should not be held to the terms of a 2005 (pre-Radmacher) prenuptial agreement. H’s premarital assets £32.5 million and W’s £62,000. Negotiations through leading solicitors resu…
- Cases
- Agreements
- Conduct
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