DJ Phillips. Final hearing where the issues concerned whether a post-nuptial agreement was binding on the parties and fair. The parties were married for 9 years and had one child, 10, and, W’s older child, 19, who was treated as a child of the family, having been 6 years when the parties met. Four days after the marriage, the parties signed a PNA.
Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.
!01/07/2024 07:00
DDJ Rose. Final hearing in modest asset case. Court making findings on the validity of H’s purported loans/gifts to the parties’ children. Consideration of the Kimber factors concerning point of cohabitation.
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.
!25/11/2024 16:07
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
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