[1995] 2 FLR 668
). Importantly, it applies when the spouse has an actual interest in an asset shared with third parties (e.g. family) but is confronted by liquidity difficulties.(ii) Where family members, who are gratuitous donors, are willing to make funds available by gift or loan to the relevant spouse. In this instance, the spouse has no legal or beneficial interest; it is a pure act of generosity for a person under no obligation to do so.2.[In respect of the second category] I apply the following principles:(i) The starting point is that there is absolutely no obligation on a third-party family member to provide funds from his or her personal resources. As Holman J vividly said in
- MR JUSTICE PEEL
- £2,230,000 mortgage liability
- Computation
- £117,036
- Sharing principle
- The Law
- Charman v Charman
- White v White
- Miller; McFarlane
- [2020]
- [2017] 2
- [2011] 2 FLR 980
- [2018] 1
- Charman (supra)
- Miller/McFarlane
- BD v FD [2017] 1 FLR 1420.
- [2017]
- The Law: Pre-Marital and Post-Marital Agreements
- Radmacher v Granatino [2010] UKSC 42
- The Law: inter vivos subvention
- M v M [2020] EWFC 41
- [1995] 2 FLR 668
- [2014] EWHC 502
- [2017] EWCA Civ 1545
- [2005] EWHC 2860
- Alireza v Radwan [2018] 1 FLR 1333
- The Pre-Marital Agreement
- undue
- undue
- BN v MA [2014] EWHC 2450
- Inter vivos subventions by H’s father
- Alireza
- fact
- timing
- The parties’ proposals
- Needs and outcome
- £4m.
- £3,319,000
- £7,319,000
- £7.45m
- Conclusion
- Costs
