Debts
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EC v JC [2024] EWFC 175 (B)13 June 2024
DJ Hatvany. Final financial remedies hearing in a where the assets were modest. The parties were married for 11 years and had twin boys aged 9. An unfortunate feature of this case was that both parties had incurred large costs, which would make clearing their debt on both sides and enabling both parties to rehouse in a three-to-four-bedroom properties close to the boy’s school problematic.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Litigation Funding
- Costs
- Debts
- Modest Asset Cases
- Needs
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GH v H [2024] EWHC 2869 (Fam)12 November 2024
Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.
- Cases
- Fixed Costs
- Child Maintenance
- Periodical Payments
- Interest
- Loans
- Charging Orders
- Costs
- Third Parties
- Debts
- Enforcement
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Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024
Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.
- Cases
- Sharing Principle
- Housing Need
- Loans
- Appeals
- Debts
- Needs
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SP v AL & Ors (by their Litigation Friend FL) [2024] EWFC 72 (B)8 March 2024
HHJ Hess. Final Hearing of W’s application for financial remedy, with H’s children from a previous marriage intervening via their mother as their litigation friend. Significant comments re pension sharing and apportionment.
- Cases
- Pensions on Divorce
- Loans
- Joinder of Third Parties
- Debts
-
The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)11 April 2024
Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would prevent the recovery of the monies the intervenor alleged were owed to them.
- Cases
- Loans
- Joinder of Third Parties
- Debts
- Needs
-
AXA v BYB (QLR: Financial Remedies) [2023] EWFC 251 (B)18 December 2023
Recorder Rhys Taylor. First example of a Qualified Legal Representative (QLR) being used in a financial remedy proceedings.
- Cases
- Disclosure
- Spousal Maintenance (Quantum)
- Qualified Legal Representative
- Costs
- Debts
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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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Ditchfield v Ditchfield [2023] EWHC 2303 (Fam)20 September 2023
Peel J. Appeal by H of a final financial remedy order where on a clean break basis the assets were divided 62/38 in favour of W.
- Cases
- Disclosure
- Loans
- Appeals
- Debts
- Needs
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JD v RMD [2023] EWFC 12514 July 2023
DDJ Hodson. A financial remedy application where the debts and costs exceeded the assets.
- Cases
- Costs
- Debts
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