FRJ stage

Matrimonial and Non-Matrimonial Property

CG v SG [2023] EWHC 942 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/942 HHJ Hess. A final hearing in financial remedy proceedings heard over six days. Both parties were in their sixties and had a long marriage of 30 years. The children were all adult and independent. During the marriage, the W, a qualified

Post-Separation Accrual in CG v DL – Are We Back to an Arbitrary Approach?

Post-Separation Accrual in CG v DL – Are We Back to an Arbitrary Approach?

Practitioners will be more than familiar with the authorities that underly the principle of non-matrimonial property. It is a judicial construct created to give effect to a ‘good reason’ to depart from the ‘equal sharing principle’ as developed through cases from White v White [2000] 2 FLR 981 through to

ARQ v YAQ [2022] EWFC 128

https://caselaw.nationalarchives.gov.uk/ewfc/2022/128 Moor J. H was a highly successful retired businessman. He married W in 2005 in what was an entirely conventional second marriage. Alongside a significant portfolio of assets, H owned a sheep and cattle farm in Country C, named 'BT'

MCA 1973, s 10(2)–(4): a New Lease of Life?

MCA 1973, s 10(2)–(4): a New Lease of Life?

Before 6 April 2022, this section was rarely encountered in practice. Its purpose, as its headnote indicates, is to offer special protection for respondents. It was not a common feature of the family law landscape simply because its use was restricted to separation cases i.e. two years’ separation and

Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/53.html Mostyn J. Substantive financial remedies decision accompanying Gallagher v Gallagher (No.1) (Reporting Restrictions) [2022] EWFC 52. Assets £34.5m including value of H’s 50% shareholding in a construction company. The value of the company was established using

DE v FE [2022] EWFC 71

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/71.html Cohen J. Financial remedies claim. Parties in their forties, three young children, length of marriage c.13 years. Both parties had worked hard in the financial sector. FMH was pre-owned by H. Parties lived there together for 18–24

Sharing and the Family Home

Sharing and the Family Home

Historically, a wife’s property was absorbed into that of her husband on marriage, and she was not capable of ownership in her own name thereafter. This situation, after some modest changes in the 1870s, finally changed for good with the Married Women’s Property Act 1882 (MWPA 1882). This