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England and Wales decisions
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Appeal about beneficial shares in a cohabiting couple’s home. The High Court upheld a 80.7%/19.3% division and dismissed challenges to the judge’s weighting of post-separation payments.
The prenuptial agreement should be upheld, including compensatory payment for the transfer of shares, as there was no binding agreement that the husband's shares in the wife's family companies would have no value on divorce, and the outcome is not unfair in the circumstances. The husband's needs are met by the award, and the clean break principle justifies the mutual transfer of shares with payment at discounted value. The husband is not entitled to sharing of non-matrimonial assets beyond what is provided for by the agreement and his needs.
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The court found material non-disclosure and economic oppression by the respondent, invalidated the purported nuptial agreement, determined the marital pot based on evidenced assets, and ordered transfer of art, lump sum payment, child maintenance, and costs, prioritizing the welfare of the children and the applicant's needs.
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Awolowo v Awolowo [2026] EWFC 31 (16 February 2026)
Part III MFPA 1984 financial relief granted after an overseas divorce. The court ordered sale of the former matrimonial home and awarded the wife most of the net proceeds.
The Family Court made a Part III financial relief order after a Nigerian divorce, finding the husband had undisclosed assets and awarding the wife most of the former matrimonial home equity.
N (A Child), Re (Financial provision: contact travel costs) [2026] EWFC 18 (B) (23 January 2026)
The Family Court ordered the father to pay £700 monthly for a child under Schedule 1, rejecting requests to deduct contact travel costs, make lump sum orders, or require life insurance.
The mother's application for establishment of a maintenance decision was validly instituted before the end of the transition period and remained governed by the Maintenance Regulation; the judge erred in concluding there was no jurisdiction and in dismissing the application for alleged non-compliance with case management orders, as the mother had substantially complied and dismissal was disproportionate.
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MM v FF [2026] EWFC 1 (13 January 2026)
Appeal allowed in a child maintenance case. The court held that a pre-transition Maintenance Regulation application remained within jurisdiction and should not have been dismissed for non-compliance.
Vlijter v Vlijter [2025] EWFC 458 (B) (19 December 2025)
In a financial remedies case, the court ordered transfer of the former matrimonial home to the applicant, a £53,000 lump sum to the respondent, and costs against him.
The distributable assets are those identified in the asset schedule, with no add-back for alleged depletion or legal costs. Both parties have broadly equal needs and contributions. The Husband’s company is valued at net bank balance after tax. Both properties in Country Y are matrimonial assets. Lump sum, pension sharing, and equal sharing of school fees achieve fairness and meet needs.
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