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

• Isabella Thomas-Kelly

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

• Isabella Thomas-Kelly

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

• Duncan Brooks KC

!13/03/2024 07:00

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

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

• Polly Morgan | Case Editor

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

• Calum Smith

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

• Polly Morgan | Case Editor

A v M [2021] EWFC 895 November 2021

Mostyn J.H worked in private equity and had set up two funds of his own, W was the beneficiary of valuable trust funds. Mostyn J set out a detailed method for dealing with H’s carried interest (in his view a hybrid resource, neither exclusively return on…

• Cases

• Sharing Principle
• Publicity and Confidentiality
• Clean Breaks and Term Maintenance
• Costs
• Add-Backs

• Alexandra Hampton | Assistant Case Editor