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Gifts from the family of an ex-spouse: Blood is not always thicker than water - Today's Family Lawyer

Summary by Today's Family Lawyer
Disputes about the categorisation and treatment of funds advanced by family members to a spouse arise often in financial remedy proceedings. In P v Q (Financial Remedies) [2022] EWFC B9 His Honour Judge Hess provided guidance to distinguish between gifts and loans. To qualify as a gift, the advance of money generally requires the animus donandi (intention to give). If the advance of money is better characterised as a loan (i.e. a contractually b…
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Gifts from the family of an ex-spouse: Blood is not always thicker than water - Today's Family Lawyer

Disputes about the categorisation and treatment of funds advanced by family members to a spouse arise often in financial remedy proceedings. In P v Q (Financial Remedies) [2022] EWFC B9 His Honour Judge Hess provided guidance to distinguish between gifts and loans. To qualify as a gift, the advance of money generally requires the animus donandi (intention to give). If the advance of money is better characterised as a loan (i.e. a contractually b…

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Today's Family Lawyer broke the news in on Thursday, March 27, 2025.
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