Family Matters

A v M [2021] EWFC 89 – case considering treatment of Private Equity funds, where Judge made clear that parties should not expect anonymization

The husband had worked in private equity for a number of years and the parties were in dispute regarding two funds.

Transparency Review

The President of the Family Division, Sir Andrew McFarlane has published his review of transparency in the Family Court.

Schrader v Austria (15437/19) [2021] ECHR 808

Decision by the European Court on Human Rights ("ECHR") on whether inaction by domestic courts had caused a father to be alienated from his son and step-son, therefore breaching Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the "Convention").

Hasan v Ul Hasan [2021] EWHC 1791 (Fam) – claim under Part III MCA 1973 after death of respondent dismissed but permission for a "leapfrog" appeal granted

Part III of the Matrimonial and Family Proceedings Act 1984 provides that, in certain circumstances, the English court may make financial provision for a spouse following an overseas divorce.

E v L [EWFC] 60 (Fam) – Mostyn J considers short & childless marriages, company valuation and costs

The case involved a short, childless marriage. The husband sought to use those facts to argue that the wife's financial claim on divorce should be limited to meeting her needs.

Sismey v Salandron [2021] All ER (D) 25 – Exercise caution when agreeing that one party will irrevocably nominate someone to inherit under their will.

The case involved a claim under the Inheritance Act 1975, challenging, under s.11 of that Act, a covenant to leave a property by Will entered into between the deceased and his ex-wife as part of financial remedy proceedings.