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England and Wales decisions
Decisions matching the current search
The Court of Appeal dismissed a husband’s challenge to findings that his wife retained an English domicile of choice and that England, not Italy, was the proper forum.
Case management hearing in Part III financial remedy proceedings. The court refused adjournment and split hearing applications, lifted a stay on disclosure, and set directions toward final hearing.
The judge was correct to treat the case as a 'needs-light' award, factoring in the post-nuptial agreement, litigation misconduct, and costs orders, but erred in limiting housing provision to Greece and in treating future dividends as capital recoupment rather than income; the appeal is allowed to the extent of increasing housing and maintenance provision, but the wife is not responsible for the husband's legal overspend.
Source excerpt
Rotenberg v Rotenberg & Ors [2024] EWFC 185 (15 July 2024)
The Family Court struck out the applicant’s claims for beneficial ownership and loan assignment, discharged the 2016 order under Thwaite, and awarded costs against her.
FA v OA and intervenor (financial remedies - s37 application to set aside) [2023] EWFC 213 (14 September 2023)
The wife failed to prove that a £1.6 million loan to the husband’s brother’s company was a sham. Her section 23 MFPA application was dismissed.
AS v RS (Matrimonial and Family Proceedings Act: Part III Application) [2023] EWFC 283 (B) (18 July 2023)
Part III MFPA 1984 leave application dismissed after the court found the Malaysian financial order made adequate provision and no solid basis for a further claim.
MA v SK [2015] EWHC 887 (Fam) (13 March 2015)
After an overseas divorce, the court found jurisdiction under Part III of the 1984 Act but rejected claims to beneficial ownership of the London property and other assets.
The High Court refused to set aside leave for an English financial-remedy claim despite parallel Slovenian proceedings, finding no lis pendens bar and no material nondisclosure warranting refusal.
AA v BB (Application To Set Aside Leave: s.13 MFPA 1984) [2014] EWHC 4210 (Fam) (04 November 2014)
The High Court refused to set aside leave for a Part III financial remedies application after a Slovenian divorce. It held no pending Slovenian maintenance proceedings barred the English claim.
Part III financial remedies case after an Egyptian divorce. The court found strong English connections, rejected the husband's non-disclosure case, and ordered substantial relief for the wife.
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