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England and Wales decisions
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Collardeau v Fuchs [2025] EWFC 307 (24 September 2025)
The Family Court enforced and varied a final financial order after repeated non-compliance, quantified arrears, capitalised future mortgage obligations, and refused some unsupported claims.
The wife is awarded 69.23% of the net proceeds of sale of the family home due to her greater financial needs as sole carer of the children, her legal liabilities, and the husband's prior benefit from joint assets. The wife retains ownership of the family dog as principal carer since separation. Clean break ordered.
Source excerpt
The court has jurisdiction to determine the financial remedy application on the wife's Form A despite the husband's remarriage, as the application was properly before the court and the wife cannot benefit from her fraudulent acts. The husband's entitlement to a share of the family home is upheld, and the wife's conduct in tampering with evidence and previous fraud is inequitable to disregard. The husband's conduct in reporting the wife to ACCA is also considered, resulting in a reduction of his award. The assets are distributed based on needs, contributions, and conduct, with costs awarded ag…
Source excerpt
Given the respondent's failure to provide full and frank disclosure and the fragility of the business valuation evidence, the fairest outcome is for the applicant to receive the family home and retain her own capital and pension assets, with the respondent retaining his shareholding. No lump sum is awarded. The respondent's litigation conduct justifies a substantial costs order against him.
Source excerpt
The High Court set aside a property transfer order because the husband’s interest in the former matrimonial home had vested in bankruptcy trustees before judgment.
UD v TQ [2024] EWFC 119 (B) (26 April 2024)
Financial remedies judgment after divorce: the court ordered transfer of disputed property, lump sum payment, ongoing spousal and child maintenance, and costs against the husband.
Given the husband's significant but undisclosed resources, the wife's clear needs as primary carer of a young child, and the husband's litigation misconduct, the court orders transfer of any beneficial interest in the wife's apartment, a lump sum for mortgage and debts, periodical payments for wife and child, payment of educational fees, and a substantial costs order, with enforcement secured by an Attachment of Earnings Order.
Source excerpt
A financial remedies judgment ordered the former matrimonial home transferred to the wife, with a lump sum to the husband, ongoing maintenance, and no clean break.
XO v YO & Anor [2022] EWFC 114 (22 September 2022)
Financial remedies judgment after divorce, including property adjustment, adverse inferences from non-disclosure, and dismissal of AA Limited’s claim to the Miami property.
S v T [2021] EWFC B11 (15 February 2021)
The court refused to set aside a financial remedies order after post-order cladding problems emerged, but delayed sale of the family home to allow time to resolve them.
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