Needs
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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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KD v SD [2024] EWFC 334 (B)18 November 2024
District Judge Hatvany. Final hearing in a needs case concerning a relatively short marriage where the breadwinner and main financial contributor is now also the primary carer for the children.
- Cases
- Contributions
- Needs
- Short Marriage
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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
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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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RN v TT [2024] EWFC 264 (B)14 June 2024
HHJ Hess. W (51) and H (49) cohabited in a flat in W’s sole name from late 2003 and married in 2004. W was a GP. H was a former painter and decorator.
- Cases
- Pensions on Divorce
- Delay
- Needs
What Is a ‘Predicament of Real Need’?
In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. But what is the meaning of ‘predicament of real need’?
- Blog
- Pre-Nuptial Agreements
- Needs
!16/07/2024 14:38
Impact of Conduct on Needs
In exercising its powers in financial remedy proceedings, the court is required to have regard to the ‘conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it’: s 25(2)(g) Matrimonial Causes Act 1973.
- Journal
- Conduct
- Needs
!01/07/2024 07:00
AT v BT: The Return of Compensation
In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as ‘the proper approach of the court to the sharing principle and to the principle of compensation’ given that ‘the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case’. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).
- Blog
- Compensation
- Assets
- Needs
!20/06/2024 19:41
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AH v BH [2024] EWFC 1257 June 2024
Peel J final hearing judgment in high-net-worth FR case in which the parties had entered into a pre-nuptial agreement which purported to ‘severely limit W’s financial remedy claims in her own right and the financial needs of W and the children’.
- Cases
- Spousal Maintenance (Quantum)
- Agreements
- Needs
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