The Summary of the Summaries (Winter 2025)

CA v UK [2025] EWFC 117 (B) (HHJ Watkins)

A substantive application by the father for a child maintenance order under Sch 1 Children Act 1989. Within the application, the main issue concerned the most suitable jurisdiction to resolve the child maintenance dispute, England and Wales or California. Keywords: forum conveniens; jurisdiction; child maintenance; variation; Children Act 1989 Schedule 1 applications; forum disputes; enforcement

THR v WAT [2025] EWHC 1125 (Fam) (HHJ Hess)

HHJ Hess navigated his way through an Xydhias puzzle. Parties informed the judge they were Xydhias-bound but then argued over: (1) a £2m asset; (2) costs; (3) an interest provision; and (4) security. The court’s conclusions, in a nutshell, were that if it had not been raised at the time or in the written agreement, then the court would favour the written agreement. Keywords: agreements; child periodical payments; child maintenance; Xydhias

A v B [2025] EWFC 127 (Trowell J)

A successful application for a lump sum for litigation costs under Sch 1 Children Act 1989 in relation to proceedings under s 8 Children Act 1989. Trowell J adopting a similar approach to FR proceedings awarded a sum to DRA, and further provision for a final hearing thereafter. Keywords: costs; Children Act 1989 Schedule 1 applications

GR v AR [2025] EWFC 143 (B) (HHJ Hess, sitting as a deputy High Court Judge)

Application of the sharing principle and dispute over matrimonial vs non-matrimonial property in HNW financial remedy case. Keywords: sharing principle; matrimonial and non-matrimonial property; shares; high net worth; family home

JT v RL & Anor [2025] EWHC 1335 (Fam) (Keehan J)

Application by mother to enforce a contract in relation to a property purchased for her and the parties’ child. Application struck out, there was no enforceable contract and there was no other compelling reason why the case should be disposed of at trial. Keywords: Children Act 1989 Schedule 1 applications; striking out applications; summary judgment

A Local Authority v X (Attendance of Experts) [2025] EWFC 137 (MacDonald J)

MacDonald J gave guidance on the question of when and how the court is to exercise its case management power to enable an expert to attend a hearing to give oral evidence under FPR 25.9(2). The question is whether it is ‘necessary in the interests of justice’ for the expert to do so – there is no gloss of exceptionality, and each case must be determined on its own facts. Keywords: experts

JMD v SPD [2025] EWFC 154 (B) (District Judge Stephen Parker sitting in the Family Court at Birmingham)

H’s application for a second expert (business valuation) and W’s application for continuation of an LSPO. Keywords: legal services payment orders

Tickle v The Father & Ors [2025] EWFC 160 (Henke J)

Procedural judgment in children proceedings reaffirming legal protections for journalistic sources and highlighting the limits of transparency in the family courts. Keywords: transparency; publicity and confidentiality

Grijns v Grijns & Ors [2025] EWHC 1413 (Ch) (Master Bowles, sitting in retirement)

Failed proprietary estoppel claim by son who lived in his parents’ Chelsea property for over 20 years. Keywords: sale of property; proprietary estoppel; detrimental reliance; occupation; trespass; mesne profits; account for profits; family disputes; property; TLATA applications

MNV v CNV [2025] EWFC 176 (B) (Deputy District Judge Bradshaw)

Drastic change in personal circumstances results in add-back in small money case. Summary of add-back jurisdiction at [53]–[58]. Keywords: liabilities; housing need; small money; mortgage capacity; costs; soft loans; needs; earning capacity; add-backs

JP v Secretary of State for Work and Pensions and LH [2025] UKUT 162 (Upper Tribunal Judge Citron)

Application for a variation to a child support maintenance calculation under reg 69 or reg 69A Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677). Interpretation of s 8(6) CSA 1991. Error of law immaterial when liability exceeds statutory cap anyway. Keywords: child maintenance

Re P (A Child) (Financial Provision: s 423 Insolvency Act 1986) [2025] EWHC 1460 (Fam) (Harrison J)

A Schedule 1 application and connected application under s 423 Insolvency Act 1986. Order for provision of a housing fund; periodical payments; security for maintenance and school fees. The court came just short of making an order under s 423, but made relevant findings. Keywords: Children Act 1989 Schedule 1 applications; companies; disclosure; freezing injunctions; trusts; Insolvency Act 1986

M v B [2025] EWFC 182 (Sir Jonathan Cohen)

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. Keywords: ‘Thwaite jurisdiction’; executory orders; striking out applications

Adodo v Tan [2025] EWFC 184 (B) (HHJ Rodgers)

Re-hearing following an appeal to the Court of Appeal against a final order made by District Judge Severn on 10 October 2022. On appeal, it was held there had been a misunderstanding of crucial funds available overseas, leading to a fundamentally flawed final decision. Keywords: overseas assets; matrimonial and non-matrimonial property; sharing; departure from equality; costs

Standish v Standish [2025] UKSC 26 (Lords Burrows, Stephens, Reed and Lloyd-Jones and Lady Simler)

The Supreme Court unanimously dismissed W’s appeal, upheld the Court of Appeal’s decision, and clarified application of the sharing principle and matrimonialisation (at [65]). Keywords: matrimonialisation

JQ v IQ [2025] EWFC 192 (B) (HHJ Vincent)

A Pakistani divorce was deemed to be valid in the UK on public policy grounds and permission was granted for the wife pursuant to MFPA 1984 to bring financial remedies proceedings in this jurisdiction following an overseas divorce. Keywords: jurisdiction; divorce orders; overseas divorce and the 1984 Act; international enforcement

JB v RB [2025] EWFC 194 (B) (District Judge Akers)

This case involved final financial remedy proceedings following the breakdown of a long marriage. The dispute centred on the division of the former family home, spousal maintenance, and whether certain debts were ‘soft loans’. Keywords: housing need; hard and soft debts

TF v SF [2025] EWHC 1659 (Fam) (Mr Justin Warshaw KC, sitting as a deputy High Court Judge)

Final hearing in a financial remedies matter, dealing with issues of interim provision, non-disclosure, conduct and post-separation accrual. Keywords: delay; companies; conduct; valuations; post-separation accrual

W v X [2025] EWHC 1696 (Fam) (Mr Justin Warshaw KC, sitting as a deputy High Court Judge)

Schedule 1 ‘big money’ case concerning the financial provision of C. Keywords: conduct; chattels; child maintenance; Children Act 1989 Schedule 1 applications; HECSA; millionaire’s defence; security

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

Application by husband to set aside a pension sharing order under the Thwaite jurisdiction due to the wife’s sustained non-compliance. Held that continued enforcement of the PSO would be inequitable given the respondent’s conduct, the applicant’s age and deteriorating health, and the executory nature of the order. Keywords: Barder applications; pensions on divorce; ‘Thwaite jurisdiction’; delay; executory orders; enforcement; setting aside orders (including Barder applications)

PN v SA [2025] EWFC 141 (Cobb J)

Third-largest financial remedy case in the jurisdiction’s history. The judge set aside a separation agreement entered into by W whilst under significant emotional and psychological pressure. Keywords: agreements; coercive control; undue influence

PZ v ZD (Financial Remedies: Needs: Adverse Inferences: Taking of Evidence from Outside the Jurisdiction) [2025] EWFC 171 (B) (Deputy District Judge G Evans)

A modest asset case involving significant non-disclosure and the taking of evidence from a respondent in a non-Hague Convention jurisdiction (here, Pakistan). Keywords: indemnity against unknown liabilities; adverse inferences; attendance from outside the jurisdiction; debts; needs

Culligan v Culligan (No 3) (Terms of Order) [2025] EWFC 186 (MacDonald J)

The court determined the terms of an order following a final hearing in January, which saw an equal division of the matrimonial assets following a 40-year marriage, including Wells sharing. Keywords: companies; valuations; Wells sharing

CC v UU [2025] EWFC 214 (Peel J)

Application by W for an LSPO following final financial remedy order dismissed due to lack of jurisdiction under s 22ZA MCA 1973 after a clean break. Keywords: legal services payment orders; jurisdiction; setting aside orders (including Barder applications)

H v W (Xydhias Agreements) [2025] EWFC 163 (B) (District Judge Field)

W’s application that H should show cause as to why a final order in their financial remedy proceedings should not be made to reflect a concluded agreement alleged to have been made in correspondence, subject to matters of implementation and court approval. Keywords: Xydhias

BY v GC [2025] EWFC 226 (Nicholas Allen KC, sitting as a deputy High Court Judge)

The judge refused H’s Daniels v Walker application to rely on expert evidence that valued the main business interests at £7.1–£7.3m less than the single joint expert. Keywords: experts; valuations; Daniels v Walker application

Y v Z [2025] EWFC 221 (Cusworth J)

Case management decision allowing the wife to amend her position to formally plead conduct under s 25(2)(g) MCA 1973. Keywords: conduct

BC v BC [2025] EWFC 236 (Peel J)

Save for four specific matters, parties cannot refer to what happened at the pFDR. Paragraph 8 of the Financial Remedies Court – Primary Principles issued by Mostyn J and HHJ Hess goes too far by saying that the court should be told: (1) that offers were made; and (2) that an indication was given. Keywords: FDRs; private FDR; privilege

Helliwell v Entwistle [2025] EWCA Civ 1055 (King, Moylan and Snowden LJJ)

The Court of Appeal allowed the husband’s appeal against the final order made by Francis J on 15 March 2024, emphasising the importance of full and frank disclosure in pre-nuptial agreements when agreed by the parties. Keywords: appeals; agreements; disclosure; needs

Ramana v Kist-Ramana [2025] EWCA Civ 1022 (Lewison, Moylan and Popplewell LJJ)

An appeal by the wife against the decision of Williams J after he dismissed an application for divorce for want of jurisdiction. Appeal allowed. Keywords: appeals; jurisdiction

AT v NB (Maintenance Pending Suit) [2025] EWFC 248 (B) (Deputy District Judge Mark Harrop)

Judgment on wife’s application for interim maintenance. Keywords: maintenance pending suit

Helliwell v Entwistle [2025] EWCA Civ 1071 (King, Moylan and Snowden LJJ)

A costs judgment in the husband’s favour following his successful appeal against Francis J’s order. Keywords: appeals; costs

AB v CD [2025] EWFC 253 (B) (District Judge Dodsworth)

District Judge Dodsworth’s short judgment gives a blueprint of how not to prepare a case for trial, and how not to make a relief from sanctions application. Keywords: bundles; efficient conduct; compliance; relief from sanctions; drafting & witness statements

Sayers & Anor v Dixon & Anor [2025] EWHC 1886 (Ch) (ICC Judge Barber)

An insolvency case providing a helpful summary of the principles underlying the determination of an allegation of sham. Keywords: setting aside transactions; trusts; sham

TYB v CAR (Non-Disclosure) (No 2) [2025] EWFC 263 (B) (Deputy District Judge David Hodson)

Final hearing concerning maintenance for wife in a case with serious non-disclosure. Keywords: adverse inferences; disclosure; disclosure from third parties

IN v CH [2025] EWFC 265 (8 July 2025) (Trowell J)

W’s application for financial remedies. The judge was tasked with dividing the remaining assets of a couple who had previously enjoyed immense wealth that was significantly diminished due to the consequences of war. Keywords: experts; valuations; dispositions; costs

OS v DT [2025] EWFC 156 (HHJ Hess)

Financial remedies final hearing involving total assets over £9m, and disputes concerning non-matrimonial property including post-separation income, and child periodical payments where the parties had equal shared care of the children. Keywords: child maintenance; costs; matrimonial and non-matrimonial property; ‘top-up’ maintenance

Potanina v Potanin (No 2) [2025] EWCA Civ 1136 (Moylan, Falk and Cobb LJJ)

W’s appeal from the order made by Cohen J on 8 November 2019, in proceedings under Part III Matrimonial and Family Proceedings Act 1984; allowed. Keywords: overseas divorce and the 1984 Act