Family Law Hub

Consent Orders

Latest updates

  • Appeal against a ruling that the wife should be discharged from her undertaking. The appeal was allowed but the judge said that in fairness to the husband, replacement undertakings should be put in place. Judgment, 01/03/2018, free
  • The terms of a foreign consent order having been implemented, the wife made an application under Part III of the Matrimonial and Family Proceedings Act 1984 seeking substantial additional provision for herself several years later (there having been no change in her circumstances). The judge ordered the appellant husband to pay to the wife a lump sum of £1,148,480 together with provision for the children of the marriage. The husband appealed against this order, it being unusual for an order to be made under Part III where a foreign order is in place. The court ruled that it was not appropriate to make an order under Part III in this case. Judgment, 05/10/2017, free
  • Husband's application to set aside a previous consent order (made in 2010), his argument being that that the move of the two children from the wife to the husband in 2012 represented a change of circumstances sufficient to justify an application under FPR 2010 Rule 4.1(6) for the revocation of a paragraph of the order so that all five properties in the portfolio should, instead of continuing to be the wife’s property, be transferred back to the husband. The application was dismissed. Judgment, 06/03/2017, free
  • Wife's appeal against the dismissal of her application to set aside a consent order in financial remedy proceedings which was made in 2005. Appeal dismissed. Judgment, 06/03/2017, free
  • Trustee in bankruptcy was seeking to renew his application for permission to appeal against an order striking out his claim for a lump sum or a property adjustment order under ss.23 and 24 of the Matrimonial Causes Act 1973. Cross-appeal to set aside an order in so far as it gave the Trustee permission to appeal against the decision striking out his claim that the payments were transactions at an undervalue pursuant to s.339 of the Insolvency Act 1986. Judgment, 28/11/2016, free

Latest know-how

  • In a tweet: Replacement undertakings ordered following significant change of circumstances after clean break Case note, 11/04/2018, members only
  • In a tweet: Unsuccessful attempt by W to re-open a 2005 order. Lengthy litigation history. Case note, 12/06/2017, members only
  • Republished from the Dictionary of Financial Remedies 2017. You can read more about the book and order a print copy at www.classlegal.com/dfr Practice note, 05/05/2017, members only
  • In a tweet: Claims for financial relief on divorce do not vest in the trustee in bankruptcy Case note, 12/01/2017, members only
  • In a tweet: Costs award for husband reduced by 50% because of his own litigation conduct Case note, 07/11/2016, members only

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