'Thwaite Jurisdiction'

AP v TP (Pension Enforcement) [2025] EWFC 190 (B)

Judgment date: 13 June 2025 https://caselaw.nationalarchives.gov.uk/ewfc/b/2025/190 Summary HHJ Farquhar. Application by husband (applicant) to set aside a pension sharing order (PSO) under the Thwaite jurisdiction due to the wife’s sustained non-compliance. The court held that continued enforcement of the PSO would

M v B [2025] EWFC 182

Judgment date: 25 June 2025 https://caselaw.nationalarchives.gov.uk/ewfc/2025/182 Sir Jonathan Cohen (sitting as a judge of the High Court). Financial remedy proceedings considering the court’s power to strike out applications under FPR 4.4, having regard to the effect of FPR 9.9A. The

Rotenberg v Rotenberg & Ors [2024] EWFC 185

Judgment date: 15 July 2024 https://caselaw.nationalarchives.gov.uk/ewfc/2024/185 Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the

The Thwaite Jurisdiction – A Stay of Execution?

The Thwaite Jurisdiction – A Stay of Execution?

The very existence of the Thwaite jurisdiction is controversial. Thwaite, Benson and L v L Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she

H v W [2023] EWFC 120

Judgment date: 14 July 2023 https://www.bailii.org/ew/cases/EWFC/HCJ/2023/120.html HHJ Reardon KC. This case concerns cross-applications regarding a final financial remedy order made in May 2021 (the 2021 order) by Recorder Anderson. This included an application by H for a further lump sum

BT v CU [2021] EWFC 87

Judgment date: 01 November 2021 https://www.bailii.org/ew/cases/EWFC/HCJ/2021/87.html H’s application to set aside financial remedy order on basis that the downturn in his company’s value during the covid-19 pandemic constituted a Barder event (Barder v Barder [1988] AC 20). In