Housing Need
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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
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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
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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
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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
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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
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
!16/05/2024 10:10
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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
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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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A Mother v A Father (Re Schedule 1 of the Children Act 1989) [2024] EWFC 6319 February 2024
HHJ Vincent. Schedule 1 matter determined in light of the child’s needs and the strict remit of Schedule 1, notwithstanding the significant disparity between the parents’ respective economic positions and standards of living.
- Cases
- Housing Need
- School Fees
- Standard Of Living
- Children Act 1989 Schedule 1 Applications
- Child Support
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SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- Housing Need
- Child Maintenance
- Needs of a Disabled Child
- Costs
- Children Act 1989 Schedule 1 Applications
- Child Support
- 'Top-up' Maintenance
- Needs
- Child's Needs
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