P (A Child) (Financial Provision: s 423 Insolvency Act 1986), Re

P (A Child) (Financial Provision: s 423 Insolvency Act 1986), Re

The father has failed to provide full and frank disclosure and has transferred assets for the purpose of defeating the mother's claims. The court finds the father has resources measured in tens of millions and can meet the applicant's claims. Orders are made for a housing fund, lump sums for liabilities and capital...

Source-derived case information.

Parties
Applicant: Applicant Mother; Respondent: First Respondent Father; Respondent: Second Respondent Paternal Grandfather; Respondent: Third Respondent Trustee of the T Trust
Jurisdiction
England and Wales
Judgment Date
23 June 2025
Procedural Posture
Schedule 1 Children Act 1989 and S 423 Insolvency Act 1986 Application / Final Judgment
Outcome
Claims for financial provision allowed; section 423 claim adjourned.
Legal Topics
Financial Provision for Child, Transactions Defrauding Creditors, Trusts, Disclosure, Child Maintenance, School Fees, Freezing Orders
Family Law Insolvency Law Financial Provision for Child Transactions Defrauding Creditors Trusts Disclosure Child Maintenance School Fees +1 more

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Summary, issues, holding and outcome

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Parties

Applicant Mother

Applicant

First Respondent Father

Respondent

Second Respondent Paternal Grandfather

Respondent

Third Respondent Trustee of the T Trust

Respondent

Procedural Posture

Schedule 1 Children Act 1989 and S 423 Insolvency Act 1986 Application / Final Judgment

Legal Issues

  1. 1 Whether the father has sufficient resources to meet the applicant's claims for financial provision for the child
  2. 2 Whether the father's asset transfers constitute transactions defrauding creditors under s 423 Insolvency Act 1986
  3. 3 Appropriate quantum and structure of financial provision for the child

Ratio Decidendi

The father has failed to provide full and frank disclosure and has transferred assets for the purpose of defeating the mother's claims. The court finds the father has resources measured in tens of millions and can meet the applicant's claims. Orders are made for a housing fund, lump sums for liabilities and capital needs, child maintenance, school fees, and security. Section 423 jurisdiction is engaged but orders are adjourned to allow compliance.

Court Disposition

Claims for financial provision allowed; section 423 claim adjourned.

Orders

  • Father to provide housing fund of £960,000 for purchase of suitable property for child, with ancillary costs (£45,000 stamp duty, £15,000 conveyancing/moving)
  • Father to pay lump sum of £29,250 for capital needs (car, furnishings, piano, bicycle)