Spousal Maintenance (Quantum)
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Potanina v Potanin [2021] EWCA Civ 70213 May 2021
King, David Richards and Moylan LJJ. The second in the trio of Potanina v Potanin decisions, these case summaries should be read in order. This one is the Court of Appeal decision where Lady Justice King handed down the unanimous decision, allowing W’s appeal against Mr Justice Cohen’s order setting aside the grant of leave to bring a claim under Part III of the Matrimonial and Family Proceedings Act 1984.
- Cases
- Spousal Maintenance (Quantum)
- Overseas Divorce and the 1984 Act
- Setting Aside Orders (Including Barder Applications)
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Potanin v Potanina [2019] EWHC 2956 (Fam)8 November 2019
Cohen J. The first in the trio of Potanina v Potanin decisions.
- Cases
- Spousal Maintenance (Quantum)
- Overseas Divorce and the 1984 Act
- Setting Aside Orders (Including Barder Applications)
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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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D v D [2024] EWFC 7612 March 2024
HHJ Booth, sitting as a judge of the High Court: 25:75 division in favour of H following breakdown of second marriage and H’s substantial assets. Court considered W’s needs should be generously interpreted to overcome lack of SJE evidence as to W’s ill health. Needs would include W’s outstanding costs as summarily assessed by the court.
- Cases
- Matrimonial and Non-Matrimonial Property
- Housing Need
- Spousal Maintenance (Quantum)
- Interest
- Experts
- Costs
- Duxbury Capitalisation
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TK v AC [2023] EWHC 2958 (Fam)10 November 2023
Sir Jonathan Cohen: LSPO and Periodical Payments from debt. H appeal against orders allowed.
- Cases
- Spousal Maintenance (Quantum)
- Variation Applications
- Appeals
- Legal Services Payment Orders
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AXA v BYB (QLR: Financial Remedies) [2023] EWFC 251 (B)18 December 2023
Recorder Rhys Taylor. First example of a Qualified Legal Representative (QLR) being used in a financial remedy proceedings.
- Cases
- Disclosure
- Spousal Maintenance (Quantum)
- Qualified Legal Representative
- Costs
- Debts
Spousal Maintenance By Formula: The Canadian Experience
The recent announcement by the Law Commission that it is conducting a review into the laws which determine how finances are divided on divorce has re-ignited the discussion as to whether the law on financial remedy provision in England and Wales should be reformed.
- Journal
- Spousal Maintenance (Quantum)
!21/11/2023 07:00
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WK v GC [2023] EWFC 15128 April 2023
HHJ Hess. Approach to quantifying capitalisation of spousal maintenance some years after original order.
- Cases
- Spousal Maintenance (Quantum)
- Pensions on Divorce
- Variation Applications
- Duxbury Capitalisation
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SS v IS [2023] EWHC 1544 (Fam)14 June 2023
Roberts J. Final hearing in financial remedy proceedings with issues around spousal maintenance, offshore trusts and non-matrimonial assets.
- Cases
- Matrimonial and Non-Matrimonial Property
- Spousal Maintenance (Quantum)
- Special Contribution
- Trusts
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AB v CD [2022] EWFC 19816 September 2022
HHJ Shelton. Hearing on 14–15 July 2022. Cross-applications to vary global periodical payment order for a child aged 19 who is severely disabled and a spousal maintenance order.
- Cases
- Global Maintenance Orders
- Child Periodical Payments For Over 18s
- Spousal Maintenance (Quantum)
- Child Maintenance
- Variation Applications
- Needs
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