'Thwaite Jurisdiction'

The Myth of a General Equitable Jurisdiction to Reconsider Financial Remedy Orders

The Myth of a General Equitable Jurisdiction to Reconsider Financial Remedy Orders

If the Thwaite jurisdiction exists, the doctrine should only need to be invoked in exceptionally rare cases. Ordinarily, careful drafting of a non-variable property adjustment order should provide for future contingencies, however remote or unlikely.

Thwaite – The Jury Remains Out

Thwaite – The Jury Remains Out

[2026] 2 FRJ 99. Does the Thwaite jurisdiction still exist? If it does, what is its appropriate scope? The Court of Appeal will be required to decide.

Collardeau v Fuchs [2025] EWFC 307

https://caselaw.nationalarchives.gov.uk/ewfc/2025/307

X v Y [2025] EWFC 144 (B)

DJ Stone. A (misconstrued) application to appeal a final financial order out of time, ultimately determined as an application to vary pursuant to 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