Christopher Stirling and John Hamilton succeed in resisting appeal in the Court of Appeal

February 8, 2013

Christopher Stirling and John Hamilton succeed in resisting appeal in Court of Appeal in Kremen v Agrest Approved Judgment, 5th February 2013.

The appeal was from the decision of Mostyn J in Kremen v Agrest (No.11) (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012] EWHC 45 (Fam) and related to that part of the judgment where Mostyn J had refused to make a charging order, obtained by the intervener, absolute.

The appeal clarifies the circumstances of a spouse which a court can take into account when simultaneously hearing an application for financial remedies by that spouse and an application by the other spouse’s creditor for a charging order absolute. In particular it clarifies the guidance given in Harman v Glencross [1986] Fam. 81 on the exercise of the court’s discretion under the Charging Orders Act 1979 in these circumstances.