EL v ML Case Sheds Light on Post-Divorce Financial Remedies and Legal Compliance

Citation: [2023] EWFC 43
Judgment on


The case “EL v ML” delves deep into the realm of financial remedies post-divorce, emphasizing the adherence to legal requirements and the complications of enforcing financial agreements. The main parties, EL (the husband) and ML (the wife), find themselves embroiled in disagreements regarding financial payments, culminating in a series of applications and legal actions.

Key Facts

  • Following their divorce, EL had agreed to remit 25% of capital payments and specific ‘Carried Interests’ to ML.
  • Subsequent financial constraints experienced by EL led to a cessation of these payments.
  • This halt prompted ML’s application to enforce the arrears and EL’s counter-application to amend the income stipulations of their 2019 agreement.
  • Both parties opted to withdraw their respective applications. However, EL’s request for an inter partes costs order was declined.
  • ML then sought legal counsel, setting off a chain of attempts to overturn the March 2021 Consent Order, resulting in continual legal tussles.
  • Central to the case was the emphasis on adhering to requisite legal norms, exemplified by the production of Form D81 in financial remedy proceedings.
  • The court had greenlit the consent order sans a Form D81. This decision was later validated as the court deemed that the presence of a Form D81 wouldn’t have altered the outcome.
  • Costs and the potential imposition of a limited civil restraint order became pertinent topics during the proceedings.


  • EL’s grievances were dismissed by the court, which concurrently rebuffed ML’s bid to set aside the established order, labeling it as “totally without merit.”
  • Additionally, the court tackled topics linked to associated costs and the feasibility of imposing a limited civil restraint order.


The case “EL v ML” underscores the paramount importance of honoring financial commitments post-divorce and the intricate legal maze that can emerge from disputes over such arrangements. This case serves as a touchstone for the legal community, emphasizing the necessity of compliance with stipulated norms and the challenges in seeking variations. Future cases will likely reference this case, especially when dealing with issues of compliance, enforcement, and the complexities of post-divorce financial arrangements.

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