Duxbury Capitalisation
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VTY v GDB [2025] EWFC 110 (B)24 April 2025
Recorder Taylor. Final hearing in a financial remedy application which concerned issues of non-disclosure and allegations of asset concealment in different countries. The matter also involved foreign litigation which appeared to undermine the existing proceedings in this jurisdiction. The parties married in 1999 and have two adult children and one aged 16. The family structure was a traditional one with H being the breadwinner and W the homemaker.
- Cases
- Foreign Assets
- Non-Disclosure
- Chattels
- Adverse Inferences
- School Fees
- Fraud
- Costs
- Duxbury Capitalisation
- Debts
- Foreign Judgments
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GH v IH [2025] EWFC 120 (B)10 April 2025
District Judge Hatvany. Final hearing on enforcement and variation of 2012 financial remedy order. The primary issue to be determined was the enforcement and variation of a joint lives periodical payments order made in 2012.
- Cases
- Periodical Payments
- Variation
- Duxbury Capitalisation
- Needs
- Enforcement
Report of the Duxbury Working Party (final), November 2024
A provisional version of this report was published on 2 October 2024 and invited representations for consideration by the Working Party ahead of publication of this final report. Such representations as were received are summarised in Appendix 6, and in a few instances in alterations to the text of the report. The main recommendations of the Working Party have not changed following consideration of those representations. The figures in the illustrative tables in Appendix 5 have been revised to reflect increases in the rate of Capital Gains Tax announced and implemented in the October 2024 budget.
- Blog
- Journal
- Duxbury Capitalisation
!25/11/2024 16:07
Report of the Duxbury Working Party (provisional), September 2024
The Duxbury Working Party have just released their provisional report. It has been prepared without any prior public consultation and is published provisionally to allow interested parties to respond. Responses should be emailed to j.rainer@qeb.co.uk by 1 November 2024 and will be considered by the Working Party ahead of publication of their final report which is intended to be on 15 November 2024.
- Blog
- Duxbury Capitalisation
!02/10/2024 13:31
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TW v GC [2024] EWHC 949 (Fam)21 February 2024
This was an appeal of a final order in financial remedy proceedings heard by Mr Justice Cusworth. The appeal argued that HHJ Furness KC at first instance had pitched W’s needs at too high a level, applied needs to capital but sharing to pensions, and included interest on a lump sum while H was also paying maintenance. Appeal allowed on issue of pensions and interest only.
- Cases
- Sharing Principle
- Pensions on Divorce
- Interest
- Duxbury Capitalisation
- Needs
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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
- Matrimonial and Non-Matrimonial Property
- Housing Need
- Spousal Maintenance (Quantum)
- Interest
- Experts
- Costs
- Duxbury Capitalisation
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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
- Housing Need
- Agreements
- Duxbury Capitalisation
- Needs
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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
- Foreign Assets
- Hadkinson Orders
- Freezing Injunctions
- Costs
- Children Act 1989 Schedule 1 Applications
- Duxbury Capitalisation
- International Enforcement
- Enforcement
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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
- Spousal Maintenance (Quantum)
- Pensions on Divorce
- Variation Applications
- Duxbury Capitalisation
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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
- Pensions on Divorce
- Duxbury Capitalisation
- Add-Backs
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