A section 27 claim cannot be pursued by a surviving spouse. Black J said: ‘It is clearly established that until an ancillary relief order has been made, an ancillary relief claim is not a cause of action. This appears to be because of the discretionary nature of ancillary relief, someone seeking ancillary relief may establish the fact of marriage, the grant of a decree nisi and a number of factors which would be relevant to the court’s decision as to what if any ancillary relief orders should be granted but is reliant for relief upon an exercise of the court’s discretionary powers. Until those discretionary powers have been exercised he has no cause of action’. A claim for ancillary relief does not constitute a cause of action for the purposes of section 1(1) of the 1934 Act.
Judges:
Black J
Citations:
[2003] 2 FLR 823
Statutes:
Matrimonial Causes Act 1973 27, Law Reform (Miscellaneous Provisions) Act 1934 1(1)
Cited by:
Cited – Harb v King Fahd Bin Abdul Aziz and Another CA 9-Nov-2005
The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death . .
Cited – Hill and Another v Haines ChD 3-May-2007
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later . .
Cited – Haines v Hill and Another CA 5-Dec-2007
On the divorce, the husband was ordered to transfer his share in the house to the wife. On his bankruptcy shortly after, the order was confirmed. After the wife sold the property at a profit, the trustee in bankruptcy applied to set the transfer . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 14 May 2022; Ref: scu.235894