Sharing Principle
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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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RM v WP [2024] EWFC 191 (B)28 June 2024
HHJ Hess considers when a property becomes the family home and therefore matrimonialised, and whether, once matrimonialised, it can become un-matrimonialised, and makes use of the Galbraith Tables while doing some heavy lifting to get the case to a practical, workable conclusion without further delay.
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Matrimonialisation
- Galbraith Tables
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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
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Agreements
- Experts
- Tax
- Compensation Principle
- Valuations
- Trusts
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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
Businesses in Financial Remedy Claims
'Business' is a term that covers a multitude of different structures. The most common are limited companies (whether public or private), partnerships and sole traders. The courts will treat different businesses in different ways.
- Journal
- Sharing Principle
- Business
- Companies
- Business Assets
- Financial Remedies
- Expert Evidence
- Case Management
- Business Valuation
- Valuations
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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
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DR v UG [2023] EWFC 685 April 2023
Moor J. The parties were Danish. H was aged 57 and W aged 49. Children aged 18, 16, and 16. Married 2004, marriage broke down in 2019.H was CEO of a drugs manufacturer but staged a management buy-out which gave him 70% shares. His purchase was funded…
- Cases
- Sharing Principle
- Special Contribution
- Delay
- Valuations
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P v P (Treatment of costs in sharing cases) [2022] EWFC 15814 November 2022
DDJ David Hodson. The court published this discrete judgment to address several issues of legal costs in a wholly sharing claim. This was a case which ‘should never have got to Form A, let alone a final hearing’; W had incurred £130,000 in legal costs whe…
- Cases
- Sharing Principle
- Add-Backs
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VV v VV [2022] EWFC 4113 May 2022
Peel J.Acrimonious and expensive financial remedy proceedings including discussion of premarital cohabitation and engagement, their effect on sharing, and conduct. Parties were both 57, married since Jan 2020, separating in June 2020. No children. W sough…
- Cases
- Sharing Principle
- Matrimonial and Non-Matrimonial Property
- Conduct
- Needs
- Premarital Cohabitation
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