Setting Aside Transactions

Smoke and Mirrors: Shams and Illusory Trusts in Divorce Proceedings

Smoke and Mirrors: Shams and Illusory Trusts in Divorce Proceedings

The existence of so-called ‘sham’ or ‘illusory’ trusts in divorce proceedings often leads to complex and intellectually engaging work for family and chancery lawyers. Identifying such trusts can significantly impact the value of the matrimonial pot and the eventual financial distribution. Remedies are typically pursued through interim applications under s

Collardeau v Fuchs & Anor [2025] EWFC 36

Judgment date: 19 February 2025 https://caselaw.nationalarchives.gov.uk/ewfc/2025/36 Poole J. Finding of a sham lease within enforcement proceedings of a final financial remedy order. Facts A final order was made in June 2023, followed by a series of enforcement orders by Knowles J. An application

FA v OA [2023] EWFC 213

Judgment date: 11 September 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/213.html HHJ Vincent. Unsuccessful application under s 37 MCA 1973 to set aside loan agreement as being a sham. H (61) and W (39) married in Nigeria in 2004 and worked in H’s hotel

AP v BP & Ors (financial remedies – appeal – disclosure – privilege) [2023] EWFC 169

Judgment date: 09 March 2023 https://caselaw.nationalarchives.gov.uk/ewfc/2023/169 HHJ Vincent. The facts are as stated in this summary. On the husband’s discovery of the wife’s agreement with the intervenors he sought disclosure of the first agreement. W and the intervenors asserted that it

AP v BP & Ors (financial remedies & s 37 application to set aside disposition) [2023] EWFC 170

Judgment date: 29 August 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/170.html HHJ Vincent. Application by H to set aside dispositions by W of shares to intervenors. Facts H (58) and W (48) married in August 2002 and separated in May 2017. The assets comprised a

ABC v PM & Anor [2015] EWFC 32

Judgment date: 05 March 2015 https://www.bailii.org/ew/cases/EWFC/HCJ/2015/32.html

B v IB [2013] EWHC 3755 (Fam)

Judgment date: 29 November 2013 http://www.bailii.org/ew/cases/EWHC/Fam/2013/3755.html