enforcement

Enforcement of financial orders in court

The High Court heard the ongoing matter of Russian billionaire, Farkhad Akhmedov, and the enforcement of his 2016 divorce settlement. Mr Akhmedov has not paid his ex-wife any of the £453m he was ordered to pay her, following the breakdown of their marriage. Ms Akhmedov had been provided 41.5% of the matrimonial assets, valued at over £1bn during earlier proceedings. …

deceit

Cohabitee deceived into spending divorce settlement secures damages

In December 2010, a divorce was finalised in relation to Sacher Barker’s marriage, with Ms Barker having secured a financial settlement of £550,000. In 2011, Ms Barker met Richard Winter. Ms Barker claimed that Mr Winter represented to her that he was very wealthy, separated from his wife and in the process of obtaining a divorce himself. Ms Barker said …

vary

Attempts to vary spousal maintenance fail at the Supreme Court

In a pronouncement described by some as ending the “meal ticket for life”, the Supreme Court has ruled that a divorced husband should not have to increase his spousal maintenance payments to his former wife, after she mismanaged her finances post-divorce settlement, rejecting the wife’s application to vary the previously agreed arrangement. The Supreme Court heard that after the parties’ …

settlement

Court reject claim for financial settlement 27 years after separation

In the recently reported case of  A v B (No 2) [2018], the court concluded that a former husband, who brought an application for financial remedy 26 years after the grant of decree nisi, did not merit any financial provision. The parties had met in 1980 and married in 1983, later having two children in 1986 and 1989.  The marriage broke …

maintenance

Supreme Court’s judgment on varying spousal maintenance.

The Supreme Court is expected to shortly deliver its judgment on the matter of Mills. The case relates to the proper approach to a party’s application to vary periodical payments (spousal maintenance) orders made under s.31(7) of the Matrimonial Causes Act 1973, after the grant of a decree of divorce. After the parties’ 2002 divorce, they settled the matrimonial finances …

agreement

Wife fails to increase settlement from pre-nuptial agreement

The Court of Appeal recently returned a decision on a wife’s appeal of a High Court judgment, providing her with in excess of £50m and business interests, following her 20 year marriage to successful businessman, Gerard Versteegh. The husband and wife, both in their 50s, were both born, brought up and educated in Sweden. The parties married in Sweden in …

needs

Guidance on financial needs from The Family Justice Council

The Family Justice Council (FJC) has published its second edition of “Guidance on Financial Needs on Divorce”, described by President James Munby as, “…an invaluable tool for the judiciary in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.“ The guidance is intended to clarify the meaning of “financial needs” on …

pre-nuptial

Pre-nuptial agreement departed from on grounds of fairness

The High Court recently set out a judgment by Mrs Justice Roberts on the application of a pre-nuptial agreement, departed from by the court on the grounds of a fundamental flaw as to its fairness, when considering the future provision for the wife. some 18 months since financial remedy proceedings were issues, the court heard of the relationship of KA …

jailed

Ex-husband jailed for breaching court orders

John Hart, 83, has been jailed for 14 months for contempt of court in relation to his divorce settlement, having been ordered to hand over £3.5m of assets to his ex-wife, Karen Hart, in addition to his company shares. The shares, which amounted to a “substantial part of the wealth” involved in the June 2015 divorce settlement – were transferred to Mrs …

family home

Selling the family home during court proceedings

Mr Justice Cobb recently reviewed the law surrounding the thorny issue of the sale of the the family home during the course of ongoing financial remedy proceedings. Many separating couples find themselves in a quandary, as they consider the pro’s and con’s of such a sale within the context of such proceedings, as occurred in the case of WS v …