Matrimonial and Non-Matrimonial Property
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AT v BT [2023] EWHC 3531 (Fam)6 November 2023
Final hearing in a financial remedy application in which issues included undue pressure reducing weight of PNA, compensation, and non-matrimonial assets.
- Cases
- Experts
- Trusts
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Valuations
- Agreements
- Tax
- Compensation Principle
Source not Title: Some First Reflections on Standish
On 15 and 16 November 2023, Standish v Standish came before a Court of Appeal comprising King, Moylan and Phillips LJJ. 189 days later, Moylan LJ delivered the court’s unanimous decision: Mrs Standish’s (‘W’) appeal was dismissed, and Mr Standish’s (‘H’) appeal allowed, subject to the matter being remitted for a needs-based assessment of W’s claims.
- Journal
- Matrimonialisation
- Matrimonial and Non-Matrimonial Property
!31/05/2024 09:32
Standish – the Narrowing of ‘Matrimonialisation’
In L v L [2021] EWFC B83, HHJ Booth stated that he had been referred to the concept of ‘matrimonialisation’ but it was ‘a word that I hope will not acquire common usage’. Although not a word in the Oxford English Dictionary, HHJ Booth’s hope has not come to fruition.
- Blog
- Matrimonialisation
- Matrimonial and Non-Matrimonial Property
!28/05/2024 09:00
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Standish v Standish [2024] EWCA Civ 56723 May 2024
Landmark decision where Court of Appeal reduces W’s award by £20 million. Lord Justice Moylan, Lady Justice King and Lord Justice Phillips.
- Cases
- Autonomy
- Matrimonialisation
- Sharing
- Trusts
- Gifts
- Matrimonial and Non-Matrimonial Property
- Tax
Standish Primer in Advance of Court of Appeal Judgment
Short primer ahead of the hotly anticipated judgment in the case of Standish which is due to be handed down by the Court of Appeal tomorrow. Watch this space for a case summary and blog post once the judgment has been reported.
- Blog
- Matrimonial and Non-Matrimonial Property
!22/05/2024 14:05
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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
- Interest
- Costs
- Housing Need
- Spousal Maintenance (Quantum)
- Experts
- Duxbury Capitalisation
- Matrimonial and Non-Matrimonial Property
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S v S [2023] EWFC 2697 June 2023
HHJ Booth prefers Moylan LJ’s approach to matrimonial/non-matrimonial property, in which a scientific approach only takes one so far and the court must apply its discretion, over Mostyn J’s more scientific and formulaic approach.
- Cases
- Costs
- Duration of the Marriage
- Matrimonial and Non-Matrimonial Property
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AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 545 March 2024
HHJ Willans. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property.
- Cases
- Third Party Rights
- TOLATA Claims
- Matrimonial and Non-Matrimonial Property
- Trusts of Land
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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
- Life Expectancy
- Matrimonial and Non-Matrimonial Property
- Housing Need
- Needs
- Companies
- Foreign Assets
- Valuations
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SS v ES [2023] EWFC 17713 October 2023
Sir Jonathan Cohen. W’s application for financial remedy which included aspects of pre-marital property, post-separation accrual and Wells sharing.
- Cases
- Post-Separation Accrual
- Wells Sharing
- Matrimonial and Non-Matrimonial Property
- Duration of the Marriage