Disclosure
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McLean v Mclean & Ors [2023] EWHC 1735 (Fam)10 July 2023
Roberts J. An appeal of a final order by the H and five companies of which the H was the sole or majority shareholder following a final hearing conducted in their absence.
- Cases
- Applications To Adjourn
- Disclosure
- Adverse Inferences
- Joinder of Third Parties
- Companies
- Appeals
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Susan Nancy Baker v Andrew Hartill Baker [2023] EWFC 13611 August 2023
Final hearing of W’s financial remedies claim, in which the main issue was whether H should be held to the terms of a separation agreement executed by the parties in New York in 2015.
- Cases
- Costs
- Disclosure
- Conduct
- Separation Agreement
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CC v LC [2023] EWFC 5210 March 2023
HHJ Wildblood KC. Final hearing in a needs case in which the assets available were limited to a three bedroom property, which housed the W and the three minor children of the marriage. In addition, each party held pensions of a similar value.The H had ref…
- Cases
- Disclosure
- Conduct
- Needs
- Costs
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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
- Disclosure
- Agreements
- Non-Disclosure
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Cummings v Fawn [2023] EWHC 830 (Fam)14 April 2023
Mostyn J. Judgment on W’s appeal. W sought to argue that an agreement reached (and upheld by the court) should be negated or vitiated by undue influence or other oppressive conduct by the H, in addition to a number of grounds of appeal, including H&…
- Cases
- Consent Orders
- Costs
- Setting Aside Orders (Including Barder Applications)
- Appeals
- Disclosure
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HP v AP [2023] EWFC 4931 March 2023
HHJ Willans. Application to set aside a consent order on the basis that the H had failed to refer to two historic loans which were secured against a property in his sole legal name, but his father owned 100% of the beneficial interest. W argued that H…
- Cases
- Disclosure
- Undue Influence
- Non-Disclosure
- Setting Aside Orders (Including Barder Applications)
Depletion of Business Profits and Assets During Separation and Divorce Proceedings – Would it Have Happened Anyway?
This article is written from the perspective of the business valuation expert. We often see business profits and assets deplete over the period of separation and during divorce proceedings. The question is to what extent this can/could have been controlled by the business owner (and usually shareholder/director in owner-managed businesses) and what was due to circumstances outside their control. Would the depletion of assets and profits have happened anyway if not for the divorce?
- Journal
- Business Valuation
- divorce
- Experts
- Assets
- Valuations
- Disclosure
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Goddard-Watts v Goddard-Watts [2023] EWCA Civ 11515 February 2023
Lady Justice Macur, Lady Justice Nicola Davies and Lady Justice Carr.W’s appeal of order made by Sir Jonathan Cohen in January 2022 (see previous case summary) using the ‘Kingdon approach’. On two separate occasions since settlement of f…
- Cases
- Disclosure
- Setting Aside Orders (Including Barder Applications)
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XO v YO & Anor [2022] EWFC 11422 September 2022
HHJ Hess. Financial remedies decision concerning whether English court had jurisdiction to determine a claim in respect of immovable property situated outside England where the claim is based on equity; and can adverse inferences be drawn from a party’s f…
- Cases
- Jurisdiction
- Disclosure
- Hague Convention on the Law Applicable to Trusts and Their Recognition
- Foreign Assets
- Conduct
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X v Y [2022] EWFC 9515 August 2022
HHJ Hess. Financial remedy judgment in which the wife’s capital claims were adjourned for a decade in view of dishonest fabrication of bank statements by H and uncertainty as to assets. Judgment published ‘to draw wider attention to the abilit…
- Cases
- Disclosure
- Adjourned Capital Claim
- Conduct
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