BI v EN [2024] EWFC 200 (Fam)29 July 2024

Decision of Cusworth J concluding financial remedy proceedings between W and H. The principal issue concerned the extent to which the outcome of W’s application for financial remedies should be impacted by the ‘Contrat de Mariage’ (the elected séparation de biens property regime).

• Cases

• Foreign Assets
• Sharing Principle
• Agreements
• Compensation Principle
• Needs

• Sophie Cullis

Proving Foreign Law in Financial Remedy Proceedings

Foreign law often rears its head in financial remedy proceedings with an international element. Issues of foreign law need not cause panic or confusion provided they are identified and appropriately case managed early in the proceedings. The trouble is, often they are not.

• Journal

• Foreign Assets

• Roxane Reiser

!01/07/2024 07:00

Hersman v De Verchere [2024] EWHC 905 (Fam)19 April 2024

Moor J. Enforcement proceedings following W’s failure to transfer a ski chalet to H. W previously committed to three months’ imprisonment but has not returned to the UK. H awarded £2.3m on account of lost rental profit and W’s cross application for enforcement of a lump sum dismissed, the court declaring it satisfied as deducted from the total owed to H.

• Cases

• Foreign Assets
• Release from Undertakings
• Conduct
• Costs
• International Enforcement
• Executory Orders
• Enforcement

• Liam Kelly

AS v RS [2023] EWFC 283 (B)8 July 2023

District Judge Troy. Application by W for leave to bring a claim pursuant to Part III of the Matrimonial and Family Proceedings Act 1984.

• Cases

• Foreign Assets
• Part III
• Overseas Divorce and the 1984 Act

• Sophie Cullis

LMZ v AMZ [2024] EWFC 2812 February 2024

Moor J. A striking age difference, 48 years between the parties, gives rise to a strong needs-based claim.

• Cases

• Foreign Assets
• Life Expectancy
• Matrimonial and Non-Matrimonial Property
• Housing Need
• Companies
• Needs
• Valuations

• Kieran Ball

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

L v O [2024] EWFC 65 February 2024

Cobb J. Interlocutory applications prior to substantive Barder hearing. Applications for stay and Hadkinson order dismissed. Application for security of costs granted owing to residence outside the jurisdiction.

• Cases

• Foreign Assets
• Hadkinson Orders
• Agreements
• Security for costs
• Costs
• Variation Applications
• International Enforcement
• Enforcement
• Setting Aside Orders (Including Barder Applications)

• Liam Kelly

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

• Foreign Assets
• Disclosure
• Jurisdiction
• Conduct
• Hague Convention on the Law Applicable to Trusts and Their Recognition

• Christie Elizabeth O’Connell

Bailey v Bailey (Committal) (Rev1) [2022] EWFC 5 (4 February 2022)4 February 2022

Peel J.W’s application for committal of H and two others for breaches of financial remedy order following ‘almost interminable’ proceedings. H argued that the earlier financial remedy judgment (as opposed to order) was not admissible in the current applic…

• Cases

• Foreign Assets
• Admissibility of Civil Judgments in Other Proceedings
• Committal Applications and Judgment Summonses
• International Enforcement

• Polly Morgan | Case Editor