Duxbury Capitalisation
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D v D [2024] EWFC 7612 March 2024
HHJ Booth, sitting as a judge of the High Court: 25:75 division in favour of H following breakdown of second marriage and H’s substantial assets. Court considered W’s needs should be generously interpreted to overcome lack of SJE evidence as to W’s ill health. Needs would include W’s outstanding costs as summarily assessed by the court.
- Cases
- Interest
- Costs
- Spousal Maintenance (Quantum)
- Experts
- Housing Need
- Duxbury Capitalisation
- Matrimonial and Non-Matrimonial Property
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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
- Duxbury Capitalisation
- Agreements
- Needs
- Housing Need
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Re Z (No 5) (Enforcement) [2024] EWFC 444 March 2024
Cobb J. Enforcement of Schedule 1 Order: freezing order, capitalisation of periodical payments for the benefit of the child, and Hadkinson order made against F who resides in the USA.
- Cases
- Children Act 1989 Schedule 1 Applications
- International Enforcement
- Hadkinson Orders
- Freezing Injunctions
- Costs
- Enforcement
- Foreign Assets
- Duxbury Capitalisation
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WK v GC [2023] EWFC 15128 April 2023
HHJ Hess. Approach to quantifying capitalisation of spousal maintenance some years after original order.
- Cases
- Duxbury Capitalisation
- Variation Applications
- Pensions on Divorce
- Spousal Maintenance (Quantum)
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YC v ZC [2022] EWFC 13717 October 2022
HHJ Hess. After over 30 years of marriage, the husband’s ('H') application for financial remedy. H was a 60-year-old businessman, described by the judge at [6] as ‘a driven character with … a tendency to … take personal and financial risks and live life ‘…
- Cases
- Add-Backs
- Pensions on Divorce
- Duxbury Capitalisation
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Collardeau-Fuchs v Fuchs [2022] EWFC 13514 November 2022
Mostyn J. Ultra high net worth financial remedies where there there was a 2014 postnuptial agreement (a 2012 prenup modified after marriage). H was a billionaire real estate developer and parties ‘lived a billionaire lifestyle’.PNA created separate proper…
- Cases
- Secured Provision
- Duxbury Capitalisation
- Children Act 1989 Schedule 1 Applications
- Agreements
- Child Maintenance
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Her Royal Highness Haya Bint Al Hussein v His Highness Mohammed Bin Rashid Al Maktoum [2021] EWFC 9419 November 2021
Moor J.High profile applications by W under Schedule 1, Part III MFPA and the Married Women’s Property Act 1882 concluded with a record-breaking award. Lump sum awarded to W of £251.5m including capitalised security costs (for W for life, the children to…
- Cases
- Evidence
- Conduct
- Overseas Divorce and the 1984 Act
- Child Maintenance
- Children Act 1989 Schedule 1 Applications
- Duxbury Capitalisation
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White v White [2000] UKHL 54, [2000] 2 FLR 981, [2001] 1 AC 59626 October 2000
http://www.bailii.org/uk/cases/UKHL/2000/54.html
- Cases
- Special Contribution
- Matrimonial and Non-Matrimonial Property
- Sharing Principle
- Needs
- Duxbury Capitalisation
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ND v GD [2021] EWFC 5314 June 2021
https://www.bailii.org/ew/cases/EWFC/HCJ/2021/53.html
- Cases
- Costs
- Needs
- Duxbury Capitalisation
- Variation Applications
- Compensation Principle
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JL v SL (No 3) [2015] EWHC 555 (Fam)9 March 2015
http://www.bailii.org/ew/cases/EWHC/Fam/2015/555.html
- Cases
- Variation Applications
- Duxbury Capitalisation
- Pensions on Divorce