TP v OP & Anor

TP v OP & Anor

The wife owed a genuine debt of £3.5m to her brother, evidenced by underlying loans and acknowledged by promissory notes. The assignment of the debt by the mother to the brother was valid; the mother had capacity and was not subject to undue influence. The mortgage securing the debt was not created with the intention of defeating the husband's financial remedy claim and does not warrant being set aside under section 37 Matrimonial Causes Act 1973. The brother is entitled to declarations as to the existence of the debt and the validity of the mortgage.

Parties
Applicant: TP; First Respondent: OP; Second Respondent: ST
Jurisdiction
England and Wales
Judgment Date
15 April 2026
Procedural Posture
Financial Remedy Proceedings (ancillary to Divorce) / Preliminary Issue Hearing
Outcome
Declarations granted in favour of the brother; section 37 application dismissed.
Legal Topics
Financial Remedies, Divorce, Third Party Claims, Capacity, Undue Influence, Section 37 Matrimonial Causes Act, Enforceability of Promissory Notes
Family Law Civil Procedure Financial Remedies Divorce Third Party Claims Capacity Undue Influence Section 37 Matrimonial Causes Act +1 more

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Parties

TP

Applicant

OP

First Respondent

ST

Second Respondent

Procedural Posture

Financial Remedy Proceedings (ancillary to Divorce) / Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the wife owes a debt of £3.5m to her brother, secured by a mortgage over the former matrimonial home
  2. 2 Whether the 'promissory notes' are enforceable as promissory notes or evidence of underlying loans
  3. 3 Whether the mother had capacity to assign the debt to the brother

Ratio Decidendi

The wife owed a genuine debt of £3.5m to her brother, evidenced by underlying loans and acknowledged by promissory notes. The assignment of the debt by the mother to the brother was valid; the mother had capacity and was not subject to undue influence. The mortgage securing the debt was not created with the intention of defeating the husband's financial remedy claim and does not warrant being set aside under section 37 Matrimonial Causes Act 1973. The brother is entitled to declarations as to the existence of the debt and the validity of the mortgage.

Court Disposition

Declarations granted in favour of the brother; section 37 application dismissed.

Orders

  • Declaration that the wife owes the brother £3,500,000, payable pursuant to the mortgage and side letter.
  • Declaration that the property is charged in favour of the brother as security for the debt.