Spousal Maintenance (Quantum)
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EC v JC [2024] EWFC 175 (B)13 June 2024
DJ Hatvany. Final financial remedies hearing in a where the assets were modest. The parties were married for 11 years and had twin boys aged 9. An unfortunate feature of this case was that both parties had incurred large costs, which would make clearing their debt on both sides and enabling both parties to rehouse in a three-to-four-bedroom properties close to the boy’s school problematic.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Litigation Funding
- Costs
- Debts
- Modest Asset Cases
- Needs
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HW v WB (Financial Remedies; Treatment of Post-nuptial Agreement) [2024] EWFC 328 (B)5 July 2024
DJ Phillips. Final hearing where the issues concerned whether a post-nuptial agreement was binding on the parties and fair. The parties were married for 9 years and had one child, 10, and, W’s older child, 19, who was treated as a child of the family, having been 6 years when the parties met. Four days after the marriage, the parties signed a PNA.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Agreements
- Child Maintenance
- Needs
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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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