Family Law Hub

FN v AC (Financial Remedy - Agreement) [2019] EWHC 3806 (Fam)

The husband appealed from a case management order made in financial remedy proceedings. The parties had separated in 2016, after 29 years of marriage. It was accepted on both sides that their assets had been built up during the marriage. There had been negotiations but the wife did not consider herself bound by the agreement. The judge below had found that an abbreviated process was not appropriate, since the significance of the agreement would require detailed analysis, and he ordered further case management. On appeal, the husband argued that the judge had erred in refusing to set down his show cause application for hearing, and in making case management decisions that would have been unnecessary if the show cause application had been successful. The wife argued that the judge's order had been within his discretion. Theis J dismissed the appeal on all grounds, rejecting any suggestion that the judge had been wrong or erred in law. He had been entitled to make the order that he made, for the reasons he set out. Such cases were fact specific, and there was no inflexible rule as to how the proceedings should be conducted. She urged the parties to negotiate, to bring them certainty and finality, and to reduce the impact of increasing legal costs.

Judgment, published: 16/12/2020

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Published: 16/12/2020

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