Needs
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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TW v GC [2024] EWHC 949 (Fam)21 February 2024
This was an appeal of a final order in financial remedy proceedings heard by Mr Justice Cusworth. The appeal argued that HHJ Furness KC at first instance had pitched W’s needs at too high a level, applied needs to capital but sharing to pensions, and included interest on a lump sum while H was also paying maintenance. Appeal allowed on issue of pensions and interest only.
- Cases
- Sharing Principle
- Pensions on Divorce
- Interest
- Duxbury Capitalisation
- Needs
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The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)11 April 2024
Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would prevent the recovery of the monies the intervenor alleged were owed to them.
- Cases
- Loans
- Joinder of Third Parties
- Debts
- Needs
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
!07/05/2024 12:35
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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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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
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
!28/03/2024 11:43
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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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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
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