(Heard in 1973, but reported in 1980) The court gave a form of ancillary relief order allowing the party with custody of the children (even though both had remarried) to remain in the matrimonial home with them, the house only being sold on the youngest child attaining 18 etc. Such a disposal can be a mechanism for mitigating the apparent injustice caused by the need for one spouse to apply the very great bulk of the available capital to the purchase of a home for that spouse and a child.
Citations:
[1980] 1 All ER 126
Jurisdiction:
England and Wales
Cited by:
Cited – Martin v Martin CA 10-Mar-1977
The court urged caution in a judge using his own experience of the property market by way of judicial notice: ‘[W]herever it is to be argued that the wife could find alternative accommodation for herself out of her share of the equity, whatever that . .
Cited – B v B (Mesher Order) FD 2002
A breadwinner’s unimpaired and unimpeded earning capacity is a powerful resource which can frequently repair any loss of capital after an unequal distribution. . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 07 October 2022; Ref: scu.420745
