Needs

The Incorporated Trustees of Great Calling Ministries Worldwide v (1) A Irabor (2) F Irabor [2024] EWHC 803 (Fam)

Judgment date: 11 April 2024 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/803 Sir Jonathan Cohen. Appeal by an intervener against a final order which included discharging an interim charging order on the FMH made in the intervenor’s favour and a payment of a lump sum which would

The Having of Children ‘Changes Everything’ – But in What Way?

The Having of Children ‘Changes Everything’ – But in What Way?

How (if at all) should future non-financial contributions yet to be made by one of the parties to a marriage or civil partnership be taken into account when calculating the quantum of periodical payments? MCA 1973 s 25(2)(f) states as follows: ‘(f) the contributions which each of the

Xanthopoulos v Rakshina [2024] EWCA Civ 84

Judgment date: 08 February 2024 https://www.bailii.org/ew/cases/EWCA/Civ/2024/84.html King, Bean and Moylan LJJ. Epic saga of litigation concludes with the Court of Appeal substituting a final order made in Part III proceedings. Background On 17 May 2023 Sir Jonathan Cohen made final

The Husband v The Wife [2024] EWFC 64 (B)

Judgment date: 15 March 2024 https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/64 HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome. The parties had agreed: (i) a PSO in respect of H’s pension; (ii)

Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees

Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees

Tensions between competing propositions in financial remedy cases are not unusual. For example in Re P (Child: Financial Provision) [2003] 2 FLR 865 Thorpe LJ at [48] referred in the context of CA 1989 Schedule 1 to: ‘an inevitable tension between the two propositions, both correct in law, first that

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

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