D v E & Anor

D v E & Anor

Security for lump sums should be proportionate, based on SJE valuations, discharged upon payment of each lump sum, and governed by the Husband’s draft charge with specified amendments.

Parties
Applicant: D; First Respondent: E; Second Respondent: F
Jurisdiction
England and Wales
Judgment Date
19 June 2020
Procedural Posture
Family Division Ancillary Dispute / Post Final Order, Determination of Security Terms
Outcome
Charge approved in form drafted and submitted by Husband, with specified amendments.
Legal Topics
Ancillary Relief, Security for Payment, Enforcement of Financial Orders

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Parties

D

Applicant

E

First Respondent

F

Second Respondent

Procedural Posture

Family Division Ancillary Dispute / Post Final Order, Determination of Security Terms

  1. 1 Appropriate security for payment of lump sums under mediated agreement
  2. 2 Terms and discharge of property charges
  3. 3 Valuation of properties for security purposes

Ratio Decidendi

Security for lump sums should be proportionate, based on SJE valuations, discharged upon payment of each lump sum, and governed by the Husband’s draft charge with specified amendments.

Court Disposition

Charge approved in form drafted and submitted by Husband, with specified amendments.

Orders

  • Husband’s amendments in red to be used; Wife’s amendments in blue not to be used.
  • Properties to form security as set out in consent order.