- Everything (1546)
- Model letter (0)
- Practice note (6)
- Precedent (0)
- Uploads (0)
- Tools (5)
- Article (10)
- Case note (519)
- News (98)
- Polls (0)
- CPD course (0)
- CPD diploma (0)
- Training note (0)
- Webinar (67)
- Downloads (0)
- Form (20)
- Judgment (773)
- Practice direction (1)
- Rule (0)
- SI (0)
- Statute (0)
- International regs (0)
- Sir James Munby Article, 16/11/2021, free
- Williams J explored the enforceability of recitals contained in a consent order. Article, 12/11/2020, free
- The husband (“H”, 45) and the wife (“W”, 45) were married for 17 years, and had two daughters aged 8 and 3. W had worked in the financial sector, but left formal employment following the birth of the parties’ first child in 2012. H was one of the founder members and the single largest shareholder (holding about one third of the total shares) in a business called B Ltd. The value of H’s interest in B Ltd formed the main issue in the case. Article, 03/07/2020, free
- The parties met in 2010, having both been previously married and divorced. W was the financially stronger party, with accumulated assets of £3m and a net income of over £100k. By contrast, H had transferred most his capital assets to his first wife and had no income. A prenuptial agreement was signed five days before the wedding which took place abroad in June 2010. The parties each gave a “dramatically different account” of how the decision to enter into a prenuptial agreement was reached; whilst H said was “taken by surprise” when he was summoned to a notary’s office to sign a ready-drafted document, W said that after careful deliberation, the parties jointly instructed a notary to draft the agreement. Neither party took legal advice before signing the document and no formal disclosure process was undertaken. Article, 01/07/2020, free
- Two decisions concerning the division of pensions in needs-based cases by HHJ Robinson, sitting in the Medway Family Court, were recently published on BAILII. They are KM v CV [2020] EWFC B22 and RH v SV [2020] EWFC B23. Along with HHJ Hess’ recent judgment in W v H (divorce: financial remedies) [2020] EWFC B10 (case summary here), it provides further useful guidance on how judges and practitioners dealing with smaller needs-based cases should approach pensions. Article, 24/06/2020, free
- In 1998, early on in the parties’ relationship, the husband had sold shares in a business he had built up for £86 million. By July 2011, he had been declared bankrupt. At the time of this hearing there were still no visible liquid resources to meet the parties’ housing and income needs. Roberts J therefore adjourned the wife’s claims for a lump sum and property adjustment, and made a nominal periodical payments order. Article, 08/06/2020, free
- The husband sought permission to appeal an arbitration award and an order that the award be set aside. He also asked the court not to approve a consent order in the terms of the award. Clare Ambrose, sitting as a Deputy High Court Judge, considered the general principles that apply to challenging arbitration awards dealing with financial disputes following divorce. Article, 21/05/2020, free
- Case summary by Henrietta Boyle, Pupil, 1 Hare Court Article, 14/05/2020, free
-
Can the tort of deceit exist between married couples? Case Summary: FRB v DCA [2019] EWHC 2816 (Fam)Cohen J recently gave judgment in FRB v DCA [2019] EWHC 2816 (Fam), a deeply unusual case concerning W’s application to strike out H’s claim for the tort of deceit relating to her so-called ‘paternity fraud’, which H had launched alongside financial remedy proceedings. The case – the latest in a long-running dispute between the parties - deals with an interesting point of law: whether the tort of deceit can exist between married couples. Article, 14/11/2019, free
- The wife sought to set aside a consent order, on grounds that she had not had legal advice regarding the fairness of the consent order, and that being on Interpol's wanted list had placed her under undue influence. DJ Duddridge dismissed the application. When a consent order has been approved it must be assumed that the judge had scrutinised the order and was satisfied that its terms were fair. Article, 29/04/2019, free