Taylor, Re: CA 16 May 2006
Judges: Wall LJ Citations: [2006] EWCA Civ 572 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 42 Jurisdiction: England and Wales Family Updated: 06 July 2022; Ref: scu.241694
Search Results for: Matrimonial and Family Proceedings Act 1984 42
O’Neill v Williams: 1984
Citations: [1984] HLR 1 Statutes: Domestic Violence and Matrimonial Proceedings Act 1976 1(2) Jurisdiction: England and Wales Cited by: Cited – Metropolitan Housing Trust v Hadjazi CA 1-Jul-2010 The Trust appealed against refusal of an order for possession against its periodic assured tenant. The grounds were 14 (nuisance or annoyance), and 14A (domestic violence). The … Continue reading O’Neill v Williams: 1984
Krubert, Re; Krubert v Davis and Others: CA 27 Jun 1996
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse. Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on every application under it the court must ask itself two questions: first, has reasonable … Continue reading Krubert, Re; Krubert v Davis and Others: CA 27 Jun 1996
Lambert v Lambert: CA 14 Nov 2002
The parties appealed an order for the division of the family’s 20 million pound fortune on divorce. The husband argued that his special contribution to the creation of the wealth meant that he should receive a greater share. Held: The Act gave wide discretions to the Court, and nobody could expect clarity or predictability of … Continue reading Lambert v Lambert: CA 14 Nov 2002
CG v IF: FD 12 May 2010
The husband sought an order under section 13 after the parties had been divorced in Switzerland. Judges: Mostyn J Citations: [2010] EWHC 1062 (Fam), [2010] Fam Law 906, [2010] 2 FLR 1790 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 13 Jurisdiction: England and Wales Cited by: Cited – Schofield v Schofield CA 2-Feb-2011 … Continue reading CG v IF: FD 12 May 2010
Suter v Suter and Jones: CA 19 Dec 1986
H had been granted a divorce on the grounds of W’s adultery. The court considered how the clean break provisions could be incorporated in a situation with children and how conduct might affect periodical payments. Held: The duty to consider a clean break applies whether or not there are children. The judge had erred in … Continue reading Suter v Suter and Jones: CA 19 Dec 1986
Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
Zimina v Zimin: CA 5 Oct 2017
Appeal from lump sum order in ancillary financial relief proceedings. Citations: [2017] EWCA Civ 1429 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 30 March 2022; Ref: scu.595820
AA v BB (Application To Set Aside Leave: S13 MFPA 1984): FD 4 Nov 2014
Moylan J [2014] EWHC 4210 (Fam) Bailii Matrimonial and Family Proceedings Act 1984 England and Wales Family Updated: 06 December 2021; Ref: scu.547105
Jenkins v Livesey (formerly Jenkins): HL 1985
The parties had negotiated through solicitors a compromise of ancillary relief claims on their divorce. They agreed that the house should be transferred to the wife in consideration of her release of all other financial claims. The wife however became engaged to a new partner before the consent order was made, and remarried two days … Continue reading Jenkins v Livesey (formerly Jenkins): HL 1985
Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
Van den Boogaard v Laumen: ECJ 27 Feb 1997
ECJ If the reasoning of a decision rendered in divorce proceedings shows that the provision which it awards is designed to enable one spouse to provide for himself or herself, or if the needs and resources of each of the spouses are taken into consideration in the determination of its amount, the decision will be … Continue reading Van den Boogaard v Laumen: ECJ 27 Feb 1997
Traversa v Freddi: CA 14 Feb 2011
Jurisdiction in Cross border divorce The parties had divorced in Italy. After the wife sought possession of her house in London where H lived, he appealed against refusal of leave to apply for an order under the 1984 Act, the court having found insufficient substantial grounds for allowing the application to go ahead. Held: Leave … Continue reading Traversa v Freddi: CA 14 Feb 2011
Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, restricting his ancillary relief. Held: H’s appeal failed (Lady Hale dissenting). Separation agreements … Continue reading Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010
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