RM v WP [2024] EWFC 191 (B)28 June 2024

HHJ Hess. Modest asset case exploring whether a departure from equality is appropriate where there were four consecutive family homes during the marriage, all of which were acquired by one party prior to the marriage.

• Cases

• Housing Need
• Matrimonialisation
• Modest Asset Cases
• Needs

• Hannah Coupe

MB v CD [2024] EWHC 751 (Fam)2 April 2024

Judd J. This case concerned an application by the mother for an LSPO in respect of both financial remedy and Children Act 1989 proceedings.

• Cases

• Housing Need
• Costs
• Legal Services Payment Orders
• Needs

• Stephanie Coker

V v V [2024] EWFC 380 (B)19 December 2024

HHJ Booth. Appeal from a final order in a modest asset case, in which the court was tasked with balancing the needs of a party suffering from a serious disability and the needs of the primary carer of the children of the family.

• Cases

• Housing Need
• Appeals
• Mesher Orders and Deferred Charges
• Needs

• Albert Gibbon

EC v JC [2024] EWFC 175 (B)13 June 2024

DJ Hatvany. Final financial remedies hearing in a where the assets were modest. The parties were married for 11 years and had twin boys aged 9. An unfortunate feature of this case was that both parties had incurred large costs, which would make clearing their debt on both sides and enabling both parties to rehouse in a three-to-four-bedroom properties close to the boy’s school problematic.

• Cases

• Housing Need
• Spousal Maintenance (Quantum)
• Litigation Funding
• Costs
• Debts
• Modest Asset Cases
• Needs

• Stephanie Coker

HW v WB (Financial Remedies; Treatment of Post-nuptial Agreement) [2024] EWFC 328 (B)5 July 2024

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.

• Cases

• Housing Need
• Spousal Maintenance (Quantum)
• Agreements
• Child Maintenance
• Needs

• Stephanie Coker

JL v NN [2024] EWHC 148925 April 2024

Williams J allowed W’s appeal on the basis that the judge failed to explicitly evaluate critical evidence and reach clear conclusions. Williams J confirmed that the civil standard of proof for fraud and dishonesty in the Financial Remedies Court is subject to the same balance of probabilities standard as any other factual issue, even if fraud issues should not be pleaded without an evidential basis.

• Cases

• Dishonesty
• Burden Of Proof
• Housing Need
• Fraud
• Appeals

• Elizabeth Bowden

Mainwaring v Bailey [2024] EWHC 2296 (Fam)28 August 2024

Henke J. The husband unsuccessfully appealed against an order leaving him with c.35% of the assets in a ‘small money’ case. Ms Justice Henke emphasised the breadth of the trial judge’s discretion and affirmed that fairness does not always mean equality.

• Cases

• Sharing Principle
• Housing Need
• Loans
• Appeals
• Debts
• Needs

• Jasmine Knapman

BC v SC [2023] EWFC 307 (B)12 December 2023

DDJ Holmes-Milner. FR decision at DDJ level. Consideration of treatment of critical illness payout for H’s cancer.

• Cases

• Housing Need
• Pensions on Divorce
• Impaired Life Expectancy
• Costs

• Polly Morgan | Case Editor

Your House, My Mortgage: The Decision in Re A and B

Can the Family Court order a party to take out and pay a mortgage in order to meet the other party’s housing needs?

• Journal

• Housing Need

• Michael Horton KC

!16/05/2024 10:10

Xanthopoulos v Rakshina [2024] EWCA Civ 848 February 2024

King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings.

• Cases

• Part III
• Housing Need
• Conduct
• Costs
• Appeals
• Needs

• Kieran Ball