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Financial Provision

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  • The father lived in Oman, the children and mother in England. The father was in breach of orders made in Matrimonial and Family Proceedings Act 1984 proceedings. The mother applied for a child arrangements order to the effect that the children live with her. The court in Oman had ordered that custody of the children should be removed from the mother, despite the father having previously undertaken not to issue proceedings in Oman. Holman J was in no doubt that it was in the best interests of the children to continue to live in England with their mother. There was no possibility of them visiting Oman, due to the risk of them not being returned. Any contact with the father in England would have to occur while he was sober, and in the presence of a third party to prevent abduction. Judgment, 20/09/2019, free
  • The mother wrongfully removed the son to the UK. Her application for asylum on the basis of being a victim of domestic violence was granted on appeal. The father was applying under the Hague Convention for summary return, and in this hearing applied for disclosure of the asylum files relating to the mother and child, contending that his Article 6 and 8 rights could not otherwise be preserved. The Secretary of State for the Home Department resisted disclosure. HHJ Corbett was satisfied that the impact of disclosure upon the asylum process would outweigh the impact of non-disclosure on the Article 6 and 8 rights of the father and child. The application for disclosure was refused. Judgment, 05/09/2019, free
  • To be broadcast 1pm, Tuesday 1st October 2019. News, 02/09/2019, members only
  • The husband appealed from a financial remedy order, arguing that it contained neither a sufficient evaluation of his undisclosed financial resources nor a sufficient explanation for the award of a £1.4 million lump sum. Moylan LJ noted that the absence of a structured s 25 analysis in the judgment below, or of an exposition of how the award was calculated, had provided scope for the appeal. He did not accept, however, that a judge is required to provide a figure or bracket in every case when confronted by non-disclosure. In this case, the judge's determination of the husband's resources had been sufficient, and the award was based on a sound assessment of the wife's needs. King LJ and Rose LJ agreed and the appeal was dismissed. Judgment, 30/08/2019, free
  • The issue was whether or not Cohen J should determine, almost certainly by its dismissal, the wife's application for capital orders against the husband or whether he should further adjourn her capital claims. The husband had settled a trust with a very large sum of money, from which he had been irrevocably excluded after the marriage had broken down, and was in arrears with his periodical payments, but was living comfortably. Cohen J found that dismissing the wife's capital claims would be a matter of last resort, and adjourned them, with the proviso that they would be dismissed unless an application to restore them was made by 31 July 2022. Judgment, 07/08/2019, free

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