Thwaite – The Jury Remains Out
[2026] 2 FRJ 99. Does the Thwaite jurisdiction still exist? If it does, what is its appropriate scope? The Court of Appeal will be required to decide.
'Thwaite Jurisdiction'
Collardeau v Fuchs [2025] EWFC 307
https://caselaw.nationalarchives.gov.uk/ewfc/2025/307
X v Y [2025] EWFC 144 (B)
DJ Stone. A (misconstrued) application to appeal a final financial order out of time, ultimately determined as an application to vary pursuant to Thwaite jurisdiction.
AP v TP (Pension Enforcement) [2025] EWFC 190 (B)
Judgment date: 13 June 2025
https://caselaw.nationalarchives.gov.uk/ewfc/b/2025/190
Summary
HHJ Farquhar. Application by husband (applicant) to set aside a pension sharing order (PSO) under the Thwaite jurisdiction due to the wife’s sustained non-compliance. The court held that continued enforcement of the PSO would
M v B [2025] EWFC 182
Judgment date: 25 June 2025
https://caselaw.nationalarchives.gov.uk/ewfc/2025/182
Sir Jonathan Cohen (sitting as a judge of the High Court). Financial remedy proceedings considering the court’s power to strike out applications under FPR 4.4, having regard to the effect of FPR 9.9A.
The
Rotenberg v Rotenberg & Ors [2024] EWFC 185
Judgment date: 15 July 2024
https://caselaw.nationalarchives.gov.uk/ewfc/2024/185
Peel J accepts the existence of the Thwaite jurisdiction. Where the landscape on the ground was very different from that which was envisaged at the time of the order an executory order could be reframed under the
The Thwaite Jurisdiction – A Stay of Execution?
The very existence of the Thwaite jurisdiction is controversial.
Thwaite, Benson and L v L
Its origins are (unsurprisingly) found in Thwaite v Thwaite [1981] 2 FLR 280. A consent order was made for the transfer of the matrimonial home in England to the wife on the basis that she