The Summary of the Summaries (Summer 2026)

Kars v Brown & Ors [2026] EWHC 31 (Fam) (Ms Naomi Davey, sitting as a deputy High Court Judge)

A successful claim for reasonable financial provision, brought by a former wife under the Inheritance (Provision for Family and Dependants) Act 1975 following the death of her husband during live financial remedy proceedings. Keywords: Inheritance Act

MM v FF (Maintenance: Scope of EU Withdrawal Agreement) [2026] EWFC 1 (MacDonald J)

Appeal against District Judge Devlin’s dismissal of an application for child maintenance. MacDonald J examined the scope of the legal framework governing the application of Council Regulation (EC) No 4/2009, as well as the importance of rigorous case management and appropriate judicial conduct. Keywords: child maintenance; Maintenance Regulation (EU)

LP v MP [2026] EWFC 36 (Cusworth J)

Having already been found to have committed personal misconduct during the relationship, costs of £275,000 were awarded against W on an indemnity basis after she was found guilty of significant litigation misconduct also. Keywords: costs; litigation misconduct

Sloutsker v Sloutsker & Ors [2025] EWFC 369 (Garrido J)

Successful application by the wife for financial orders against the husband following issues of serious litigation misconduct, resulting trusts and pre-nuptial agreements. The husband was ordered to pay a lump sum of £25m, amongst other provision and around £1.02m in arrears relating to earlier maintenance pending suit and legal services payment orders. Keywords: non-disclosure; pre-nuptial agreements; litigation misconduct

Re N (A Child) (Financial Provision: Contact Travel Costs) [2026] EWFC 18 (B) (Deputy District Judge Vickers)

Mother’s application for financial support pursuant to Sch 1 Children Act 1989. She sought orders for periodical payments including backdated payments. Father sought reimbursement for various child-related expenses he had incurred and to offset that against her claim. Keywords: Children Act 1989, Schedule 1 applications

BS v HC [2026] EWFC 20 (B) (HHJ Hess)

Final hearing in financial remedies proceedings. HHJ Hess considering questions of ‘matrimonialisation’ of H’s pensions considering the decision in Standish and the extent to which they should be shared. This judgment has been certified as citeable pursuant to the Practice Note (Citation of Cases: Restrictions and Rules) [2001] 1 WLR 1001. Keywords: pensions; matrimonial and non-matrimonial property

TY v XA (No 4) [2025] EWFC 488 (Cusworth J)

Protracted litigation in and about financial remedy proceedings. H’s non-compliance. Enforcement of previous orders pending permission to appeal application. Numerous enforcement and protective orders made given the husband’s obstructive approach. Keywords: enforcement; legal services payment order

DR v ES & Ors (Further LSPO Application) [2026] EWFC 15 (MacDonald J)

Hearing of W’s fourth legal services payment order application in long running financial remedies proceedings. MacDonald J dealt with questions of historic and future costs in circumstances where W had overspent on the budget set by a previous legal services payment order. Keywords: legal services payment orders

MK v SK [2026] EWFC 28 (Peel J)

Final hearing in financial remedy proceedings with findings of non-disclosure (including trust assets) against H, which helpfully summarises the law as to non-disclosure and the court’s approach to trusts. Final orders determined with reference to W’s needs. Keywords: trusts; valuations; non-disclosure

AO v EO [2026] EWFC 30 (B) (HHJ Hess)

Judgment in financial remedy proceedings, addressing habitual residence and forum conveniens where the parties had competing connections to England and Nigeria. Keywords: jurisdiction; Hemain; forum conveniens; habitual residence

Collardeau v Fuchs (Contempt of Court: Sentencing) [2026] EWFC 44 (Poole J)

Ms Collardeau’s application seeking the committal of Mr Fuchs, for contempt of court. No separate penalty for contempt was ordered, but a costs order was made against Mr Fuchs, summarily assessed at £100,000 inclusive of VAT. Keywords: contempt; enforcement; variation

BY v GC (No 3: Costs) [2026] EWFC 50 (Nicholas Allen KC, sitting as a deputy High Court judge)

Costs hearing in financial remedy proceedings. W sought recovery from H of legal costs across a range of categories, including those of defending a Daniels v Walker application by H, of £621,000. A costs order of £79,000 made. Keywords: costs; disclosure; Daniels v Walker application

XX v GH (Legal Services Act 2007 Exemption) [2026] EWFC 51 (B) (HHJ Farquhar)

Following the decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), the Family Court refused an application to permit a chartered legal executive to conduct litigation under the Legal Services Act 2007. Exemption from the statutory scheme should be granted only in exceptional circumstances and none arose in this case. Keywords: Mazur; professional ethics

Labeja v The Estate of Shatochina Raisa Labeja & Anor [2026] EWFC 53 (B) (HHJ Farquhar)

An application by H to set aside decree absolute made in 2014 on the basis of fraud and/or procedural irregularity, dismissed. The court also considers the power to rectify errors in a decree absolute. Keywords: divorce orders (setting aside); divorce orders (out of time)

Kay v Martineau Johnson (a Firm) [2026] EWCA Civ 224 (Newey, Males and Lewis LJJ)

The Court of Appeal held that a professional negligence claim arising from advice given in financial remedy proceedings was statute barred under s 14A Limitation Act 1980. Keywords: professional negligence; non-disclosure

Archer v Archer & Ors [2026] EWHC 468 (Fam) (Henke J)

Appeal from finding that an estoppel had arisen in favour of the intervenors to financial remedy proceedings. Henke J held that the trial judge failed to properly consider nature of assurances relied upon and had not adequately explained his findings. Consideration of law relating to appeals out of time. Keywords: appeals out of time; proprietary estoppel; intervenors

MA v WK [2025] EWFC 499 (Cusworth J)

Can a non-marriage entered into in England and Wales obtain validity by being registered in a country which permits Nikkah marriage, so that it is recognised in England and Wales as a valid foreign marriage? The answer is ‘no’. The lex loci of the marriage is determinative. Keywords: lex loci celebrationis

De La Sala & Anor v De La Sala & Ors [2026] EWCA Civ 282 (Moylan, Andrews and Nugee LJJ)

The Court of Appeal dismissed two appeals from a set-aside order made by HHJ Hess sitting as a deputy High Court Judge. The court considered issues of material non-disclosure by the husband, and whether gifts made by the wife’s mother were conditional. Keywords: gifts; non-disclosure; set-aside including Barder

Re A and Z: Service Out; MPS; LSPO [2026] EWFC 64 (McKendrick J)

Interim hearing addressing an application to set aside a previous order permitting alternative service of the divorce petition out of jurisdiction by email in the United States (set aside granted), alongside applications for maintenance pending suit and legal services payment orders. Keywords: service; maintenance pending suit; legal services payment orders