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

• Michael Allum

!22/05/2024 14:05

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

• Liam Kelly

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

• Matrimonial and Non-Matrimonial Property
• Duration of the Marriage
• Costs

• Elizabeth Bowden

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

• Matrimonial and Non-Matrimonial Property
• TLATA Applications
• Trusts of Land
• Third Party Rights

• Mahnoor Javed

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

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

• Matrimonial and Non-Matrimonial Property
• Post-Separation Accrual
• Duration of the Marriage
• Wells Sharing

• Isabella Thomas-Kelly

HO v TL [2023] EWFC 2151 December 2023

Peel J. Final hearing. Guidance on factors relevant to valuing a private company; accessibility of extricating money from trusts per Charman; and extent of matrimonialisation of H’s extra-marital financial contributions.

• Cases

• Sharing Principle
• Matrimonial and Non-Matrimonial Property
• Variation of Settlements
• Valuations
• Trusts

• Polly Morgan | Case Editor

FT v JT [2023] EWFC 25011 December 2023

Recorder Nicholas Allen KC. Final hearing to determine the date of separation and accordingly the extent of post-separation endeavour.

• Cases

• Matrimonial and Non-Matrimonial Property
• Post-Separation Accrual
• Duration of the Marriage
• Date of Separation

• Sapna Jain

GA v EL [2023] EWFC 20627 November 2023

Stephen Trowell KC as deputy High Court judge. Final hearing where the sole issue was how to divide proceeds of sale of a business.

• Cases

• Matrimonial and Non-Matrimonial Property
• Post-Separation Accrual
• Experts
• Valuations

• Polly Morgan | Case Editor

TM v AM [2023] EWFC 2478 November 2023

H’s application to set aside a consent order entered into on 18 November 2021. The main issue for determination was whether W had concealed the ownership of a valuable diamond and thus obtained H’s consent to the order through material non-disclosure/fraud.

• Cases

• Matrimonial and Non-Matrimonial Property
• Disclosure from Third Parties
• Consent Orders
• Setting Aside Orders (Including Barder Applications)

• Charlotte Lanning