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

• Michael Allum
• Simon Bruce
• Sarah Hoskinson
• Lewis Marks KC
• Sir Nicholas Mostyn
• Joe Rainer
• Mary Waring

!02/10/2024 13:31

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

• Isabella Thomas-Kelly

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

• Liam Kelly

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

• Stephanie Coker

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

• Liam Kelly

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

• Polly Morgan | Case Editor

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

• Calum Smith

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
• Agreements
• Child Maintenance
• Children Act 1989 Schedule 1 Applications
• Duxbury Capitalisation

• Polly Morgan | Case Editor

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

• Child Maintenance
• Conduct
• Evidence
• Overseas Divorce and the 1984 Act
• Children Act 1989 Schedule 1 Applications
• Duxbury Capitalisation

• Alexandra Hampton | Assistant Case Editor