D v E & Anor [2020] EWHC 1577 (Fam) (19 June 2020)

D v E & Anor [2020] EWHC 1577 (Fam) (19 June 2020)

Security for the lump sum payments should be provided as per the Husband's draft, with security discharged upon payment of each lump sum, using the SJE valuations for the properties, and not adopting a commercial bankers' charge approach.

Source-derived case information.

Citation
[2020] EWHC 1577 (Fam)
Parties
Applicant: D; First Respondent: E; Second Respondent: F
Jurisdiction
England and Wales
Judgment Date
19 June 2020
Procedural Posture
Family Financial Remedy / Post Mediation, Final Order, Determination of Ancillary Dispute on Security
Outcome
Application for security determined; Husband's draft charge approved with specified amendments; no order as to costs.
Legal Topics
Ancillary Relief, Security for Lump Sum Payments, Enforcement of Financial Orders, Matrimonial Property
Family Law Ancillary Relief Security for Lump Sum Payments Enforcement of Financial Orders Matrimonial Property

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Parties

D

Applicant

E

First Respondent

F

Second Respondent

Procedural Posture

Family Financial Remedy / Post Mediation, Final Order, Determination of Ancillary Dispute on Security

Legal Issues

  1. 1 What security should be provided by the Husband for the terms of the mediated agreement being fulfilled
  2. 2 Whether security should be discharged when the relevant lump sum is paid
  3. 3 The appropriate terms and properties for the security charge

Ratio Decidendi

Security for the lump sum payments should be provided as per the Husband's draft, with security discharged upon payment of each lump sum, using the SJE valuations for the properties, and not adopting a commercial bankers' charge approach.

Court Disposition

Application for security determined; Husband's draft charge approved with specified amendments; no order as to costs.

Orders

  • Charge to be in the form drafted and submitted by Husband, with his amendments in red to be used and Wife's amendments in blue not to be used.
  • Properties to form the security shall be as set out in the consent order.