Source: All England Reporter
Publisher Citation: [2012] All ER (D) 146 (Jan)
Neutral Citation: [2012] EWHC 45 (Fam)
Court: Family Division
Judge: Mr Justice Mostyn
Representation John Hamilton and Christopher Stirling (instructed by Richardson Smith & Co) for W.
  H appeared by his McKenzie Friend.
  Frank Feehan QC (instructed by Horne Engall & Freeman) for the intervener.
Judgment Dates: 19 January 2012

Catchwords

Family proceedings - Ancillary relief - Practice - Parties signing post-nuptial agreement - Parties separating - Claimant wife seeking financial order against defendant husband - Husband claiming impecunity - Wife asserting husband in substantial funds - Whether husband guilty of material non-disclosure - Consideration of weight to be given to post-nuptial agreement - Consideration of quantum of financial order - .

The Case

Family proceedings Ancillary relief. The Family Division, in considering the claimant wife's application for financial orders under of the Matrimonial and Family Proceedings Act 1984, held that the defendant husband had been guilty of material non-disclosure, the parties' post-nuptial agreement should be disregarded and that having regard to the s25 of the and the distributive principles of needs and sharing the appropriate award was 12.5m of which the maintenance or need component made up 8.3m.

Practice Areas

View Digest What is the Digest

The judgment for this case is forthcoming.

What is the full transcript

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases