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Wells order meaning

Published by a LexisNexis Family expert
What does Wells order mean?
A Wells order describes how the family court may structure financial remedy (formerly ancillary relief) orders where the matrimonial assets comprise both liquid and illiquid or risk-laden assets (such as private company shares, options, carried interest or development property). To avoid one party taking only safe cash while the other bears all the risk, the court may require each to share both types of asset, commonly by an immediate lump sum plus a percentage of the net proceeds on a later sale or realisation, or by staged or contingent lump sums. The expression derives from case law rather than statute, originating in Wells v Wells, and has been applied and explained in P v P (Financial Relief: Illiquid Assets) and Versteegh v Versteegh. In Rapp v Sarre the court warned against allocating illiquid, risky assets to a spouse who is not financially astute. The practical aim is fairness without forced sales or arbitrary discounts, while sharing future upside and downside. Usage is established in England and Wales and broadly recognised in Northern Ireland. Scottish and Irish courts make analogous property adjustment or deferred lump-sum orders, but the label Wells order is not standard there.
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NEWS
Family law weekly update, 11 December 2025: s 91(14) proportionality, separate representation, relocation safeguards, set aside for fraud, Wells sharing, arbitration confidentiality, international committal, and OPRC online procedure consultation

In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure OPRC opens consultation on inaugural Online Procedure Rules under the 2022 Act The Online Procedure Rule Committee (OPRC) is consulting on the first Online Procedure Rules to be made under the Judicial Review and Courts Act 2022. The draft Online Procedure (Core Rules and Pilot Schemes) Rules 2026 are designed to oversee online proceedings across the civil, family and tribunals jurisdictions. At first, coverage will be limited to possession proceedings, with a view to extending to all proceedings within the scope of the Online Procedure Rules in due course. The consultation closes on 15 January 2026. Responses can be submitted online or sent by email to oprcconsultations@justice.gov.uk. See: LNB News 05/12/2025 25. Public children Relocation and protective orders (Somerset Council v The Mother and others) In...

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NEWS
Family law weekly (England and Wales): fee rises, EFR pilot, non-molestation transparency, publication rights, care orders, BR v BR division, Level costs, Hague refusals (incl Ukraine), international surrogacy consent

In this issue Practice and procedure Emergency procedures Private children Public children Financial provision Costs International children Daily and weekly alerts New content Updated content Useful information Practice and procedure Updated court fees Practitioners should note that, from 8 April 2025, selected court fees in family proceedings increased. See: Updated court fees in family proceedings from April 2025. Also see Practice Note: Current court fees in family proceedings for details of all charges. Family Justice Council Bridget Lindley memorial lecture The Family Justice Council Bridget Lindley memorial lecture, delivered by HHJ Khatun Sapnara on 12 March 2025, is now available to view here. This year’s theme is ‘Diversity and Inclusion in the Family Justice System: Promoting Best Practice in Decision Making’. Emergency procedures Non-molestation orders and transparency (Tooley v Cynthia Tooley) In Tooley v Cynthia Tooley [2025] EWFC 81 (B), an application for non-molestation orders under the...

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NEWS
International arbitration roundup: enforcement amid corruption claims, award formalities, jurisdictional limits, restructuring carve-outs, consumer arbitration scrutiny, plus new AI checklist and updated practice notes

In this issue: International Arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content International Arbitration Netherlands—enforcement order granted for ICC award without substantive review of corruption allegations This ruling in Cardo v CBI concerns the Dutch enforcement of an arbitral award made in proceedings between Cardno Middle East Ltd (‘Cardno’) and the Central Bank of Iraq (‘CBI’). The tribunal declined to examine the substance of CBI’s bribery allegations because the hearing had already been concluded, and CBI only engaged after the closure of the proceedings, advancing those corruption claims at that late juncture. In the Netherlands enforcement case, the Amsterdam Court of Appeal ruled consistently with the recent set-aside jurisprudence of the Supreme Court in Russian Federation v HYV, which holds that corruption arguments should be assessed with caution and must be presented promptly within the arbitration so the tribunal can address them. The tribunal’s failure to evaluate CBI’s corruption case...

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View the related Practice Notes about Wells order

PRACTICE NOTES
2019 civil litigation appeals tracker: key UK appellate courts and CJEU decisions, plus forthcoming appeals

ARCHIVED: This Practice Note has been archived and is not maintained Keeping abreast of case law that shapes a practitioner’s specialism, or influences civil litigation procedure generally, is a persistent challenge for those working in dispute resolution. This Practice Note distils the leading appeal authorities—decisions of the Court of Appeal and Supreme Court, and, where relevant, selected judgments of the Court of Justice of the European Union (CJEU)—that we have reported, giving users straightforward access to those rulings. Use the table of contents in the left margin to browse, or locate items quickly with [CTRL]+[F]. It also sets out a selection of forthcoming appeals, where known, to aid horizon scanning. The material is not intended to be a comprehensive catalogue of every appeal and/or significant decision for dispute resolution practitioners. Key forthcoming appeal cases—2019 Terminating contracts—frustration Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 921 (Ch)—Court of Appeal: permission to appeal granted in the lower court...

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PRACTICE NOTES
2022 Planning Law Case Tracker: Key High Court, Court of Appeal and Supreme Court Decisions (England and Wales)

The Planning case tracker compiles key 2022 judgments relevant to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker-2021. December 21 December 2022 R (on the application of LW Zenith Ltd) v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 3317 (Admin) Permitted development: The Planning Court considered whether, when granting prior approval for a change of use from office to residential under Class O of the Town and Country Planning (General Permitted development) (England) Order 2015, SI 2015/596 (GPDO), a condition could require completion of works under a separate planning permission for operational development. The court held that this was permissible on the facts. See News Analysis: Condition requiring completion of operational development can be imposed on prior approval (Zenith v SSLHC) See: [2022] EWHC 3317 (Admin) 20 December 2022 R (on the application of Wells) v Welwyn Hatfield Borough Council [2022] EWHC 3298 (Admin) Planning policy: The Planning Court dismissed a challenge to Welwyn Hatfield Borough Council’s...

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Q&As
Road maintenance: 'construction operations' under HGCRA 1996?

Such works may fall under section 105(1)(b) of the HGCRA 1996 Such works may fall within section 105(1)(b), which treats road maintenance as a construction operation covering the construction, alteration, repair, maintenance, extension, demolition or dismantling of works forming, or to form, part of land, including walls, roadworks, power lines, electronic communications apparatus, runways, docks, harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant, and installations for land drainage, coast protection or defence. Alternatively, section 105(1)(e) catches operations integral to, preparatory for, or rendering complete those works, including site clearance, earth-moving, excavation, tunnelling, laying foundations, erecting, maintaining or dismantling scaffolding, site restoration, landscaping, and providing roadways and other access. No specific authority concerns these works, yet courts have often held that less orthodox activities are construction operations, for example: Baldwins Industrial Services plc v Barr: crane with driver hire held integral, preparatory to, or completing works under sections 105(1)(a) and (e). Some contracts are excluded from being a ‘construction...

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