The Having of Children ‘Changes Everything’ – But in What Way?

How (if at all) should future non-financial contributions yet to be made by one of the parties to a marriage or civil partnership be taken into account when calculating the quantum of periodical payments?

• Blog

• Periodical Payments
• Needs

• Nicholas Allen KC

!07/05/2024 12:35

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

The Husband v The Wife [2024] EWFC 64 (B)15 March 2024

HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome.

• Cases

• Sale of Property
• Needs

• Kieran Ball

Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees

Tensions between competing propositions in financial remedy cases are not unusual. Is there also tension when determining the quantum of the applicant’s budget?

• Blog

• Periodical Payments
• Needs

• Nicholas Allen KC

!28/03/2024 11:43

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

• Mahnoor Javed

BL v OR [2023] EWFC 229 (Fam)7 December 2023

Sir Jonathan Cohen. Final hearing involving a prenuptial agreement in circumstances where W had transferred her property, which amounted to W parting with the bulk of her assets.

• Cases

• Housing Need
• Agreements
• Duxbury Capitalisation
• Needs

• Stephanie Coker

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

TYB v CAR (Non-Disclosure) [2023] EWFC 261 (B)16 December 2023

DDJ Hodson. What does the court do with the non-discloser? Final hearing involving a short marriage with a child almost four.

• Cases

• Non-Disclosure
• Adverse Inferences
• Disclosure
• Costs
• Form E
• Needs
• Non-Compliance

• Stephanie Coker

MS v FS (No. 3) [2023] EWFC 245 (B)23 December 2023

DDJ Mehta. This was a final hearing in a financial remedy application by H where arguments surrounding jurisdiction following remarriage, and conduct, were raised.

• Cases

• Remarriage
• Jurisdiction
• Conduct
• Needs

• Isabella Thomas-Kelly

Wife v Husband [2023] EWFC 273 (B)6 June 2023

DJ Masters. Small money case heard by a district judge. Final hearing where H dissipated inheritance received during the marriage.

• Cases

• Conduct
• Needs

• Sophia Paraskeva