Cases

Non-Qualifying Ceremony Validity of marriage Jurisdiction Locus Lex Celebrationis Void Marriage

Tousi v Gaydukova [2024] EWCA Civ 203

Judgment date: 06 March 2024 https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/203 McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity? Appeal from

Housing Need Child Maintenance Needs of a Disabled Child Costs Children Act 1989 Schedule 1 Applications

SP v QR [2024] EWFC 57 (B)

Judgment date: 12 March 2024 https://www.bailii.org/ew/cases/EWFC/OJ/2024/57.html 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. Background The applicant mother was 37 years

Housing Need Agreements Duxbury Capitalisation Needs

BL v OR [2023] EWFC 229 (Fam)

Judgment date: 07 December 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/229.html 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. H was a wealthy man, and

Matrimonial and Non-Matrimonial Property TLATA Applications Trusts of Land Third Party Rights

AW v RH (Preliminary Issue: Third Party Rights), Re [2024] EWFC 54

Judgment date: 05 March 2024 https://www.bailii.org/ew/cases/EWFC/OJ/2024/54.html HHJ Willans. Dispute with third parties regarding the ownership of two properties and whether they should be treated as matrimonial property. Background The Respondent Husband and SB (the brother of the Respondent Husband) purchased

Mediation Family Procedure Rules NCDR Alternative Dispute Resolution

Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam)

Judgment date: 08 March 2024 https://www.bailii.org/ew/cases/EWHC/Fam/2024/538.html Knowles J; impact of Churchill on family proceedings. Incoming changes to FPR from 29 April 2024 will enable court to adjourn proceedings for ADR with potential costs consequences for non-engagement. There is currently no

Jurisdiction Child Maintenance International Enforcement Child Support

C v D (No 2) (2007 Hague Convention) [2024] EWFC 36

Judgment date: 27 February 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/36 MacDonald J underlines the limited circumstances in which the registration of a maintenance order pursuant to the Hague Convention 2007 may be appealed successfully. The judgment marks the latest, and hopefully final, saga in an epic of

Foreign Assets Life Expectancy Matrimonial and Non-Matrimonial Property Housing Need Companies

LMZ v AMZ [2024] EWFC 28

Judgment date: 12 February 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/28 Moor J. A striking age difference, 48 years between the parties, gives rise to a strong needs-based claim. Background * Both parties were born in Iraq and married in September 1999. At that time, H was 68 and