XP v YP

XP v YP

The final order entitles the applicant to a share of any capital monies received by the respondent from the realisation of his Company X shareholding, regardless of whether realised by sale of shares or capital distribution. There has been no significant change of circumstances to render enforcement inequitable. The order is enforceable as written.

Parties
Applicant: XP; Respondent: YP
Jurisdiction
England and Wales
Judgment Date
11 August 2024
Procedural Posture
Family Financial Remedy Enforcement / Judgment on Enforcement Application
Outcome
application granted
Legal Topics
Enforcement of Financial Orders, Interpretation of Consent Orders, Variation of Financial Remedy Orders
Family Law Enforcement of Financial Orders Interpretation of Consent Orders Variation of Financial Remedy Orders

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Parties

XP

Applicant

YP

Respondent

Procedural Posture

Family Financial Remedy Enforcement / Judgment on Enforcement Application

Legal Issues

  1. 1 Whether the applicant is entitled to a share of the capital distribution received by the respondent under the terms of the final consent order
  2. 2 Proper construction of 'net proceeds of sale' in the consent order
  3. 3 Whether there has been a significant change of circumstances making enforcement inequitable

Ratio Decidendi

The final order entitles the applicant to a share of any capital monies received by the respondent from the realisation of his Company X shareholding, regardless of whether realised by sale of shares or capital distribution. There has been no significant change of circumstances to render enforcement inequitable. The order is enforceable as written.

Court Disposition

application granted

Orders

  • The final order is enforceable as written; the applicant is entitled to her agreed percentage of the respondent's capital distribution from Company X.