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Practice Direction (Family Division: Financial Statement): 1984

The decision of the Court of Appeal in Jenkins v. Livesey (formerly Jenkins) … is a reminder that in all cases where application is made for a financial provision or property adjustment order the court is required to have before it an agreed statement of the general nature of the means of each party signed … Continue reading Practice Direction (Family Division: Financial Statement): 1984

Barron v Woodhead and Another: ChD 25 Jun 2008

The claimant sought provision under the 1975 Act from the estate of his deceased wife. Judges: Behrens J Citations: [2008] WTLR 1675, [2008] Fam Law 844, [2008] EWHC 810 (Ch), [2009] 1 FLR 747, [2009] 2 FCR 631 Links: Bailii Statutes: Inheritance (Provision For Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited … Continue reading Barron v Woodhead and Another: ChD 25 Jun 2008

Abdin (Domicile – Actually Polygamous Marriages) Bangladesh: UTIAC 10 Sep 2012

UTIAC Whilst the Private International Law (Miscellaneous Provisions) Act 1995 amended section 11(d) of the Matrimonial Causes Act 1973 so that a potentially polygamous marriage would not be void if either party was at the time of the marriage domiciled in England and Wales, it did not alter the position regarding actually polygamous marriages. Under … Continue reading Abdin (Domicile – Actually Polygamous Marriages) Bangladesh: UTIAC 10 Sep 2012

S v S-T (Formerly J): CA 25 Nov 1996

The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief. Held: Ancillary relief might be available to a trans-sexual whose marriage is annulled. The principle of public … Continue reading S v S-T (Formerly J): CA 25 Nov 1996

Martin-Dye v Martin-Dye: CA 25 May 2006

The court was asked how to achieve fairness in ancillary relief proceedings on a divorce as respects pension entitlements. The parties had sufficient to allow a clean break, but the assets mixture included sums invested which would be returned only as pension payments. Held: The court and parties should have taken advantage of the procedures … Continue reading Martin-Dye v Martin-Dye: CA 25 May 2006

Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

Dedman v British Building and Engineering Appliances: CA 1973

The claimant sought to bring his claim under a provision which required a complaint to the industrial tribunal to be made within four weeks of the dismissal unless the employment tribunal was satisfied that this was not ‘practicable’. He did not meet the limit. Held: Time limits in all statutory tribunals are jurisdictional in nature, … Continue reading Dedman v British Building and Engineering Appliances: CA 1973

Robinson v Robinson (Disclosure) Practice Note: CA 1982

The court considered the duty of parties in finacial relief proceedings to give full disclosure. Held: In proceedings for ancillary relief, there was a duty, both under the rules and by authority, on the parties to make full and frank disclosure of their property and financial resources; accordingly the power to set aside orders was … Continue reading Robinson v Robinson (Disclosure) Practice Note: CA 1982

Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

Yorston and Others, Re (Matrimonial Causes Act 1973: Improper Petitions): FC 10 Sep 2021

Petitions with Identical Particulars Dismissed 28 divorce petitions had particulars including the exact same form of words for the allegations. The court could not accept that the behaviour had been identical and concluded that the petitions were improper. Held: The petitions were dismissed. A reference to the DPP was not necessary, Moor J [2021] EWFC … Continue reading Yorston and Others, Re (Matrimonial Causes Act 1973: Improper Petitions): FC 10 Sep 2021

S v S (Matrimonial Proceedings: Appropriate Forum) (Divorce: Staying Proceedings): FD 27 Mar 1997

Fairness is the test for choice of forum for staying divorce proceedings. As to prenuptial agreements, Wilson J suggested that there might come a case: ‘where the circumstances surrounding the prenuptial agreement and the provision therein contained might, when viewed in the context of the other circumstances of the case, prove influential or even crucial. … Continue reading S v S (Matrimonial Proceedings: Appropriate Forum) (Divorce: Staying Proceedings): FD 27 Mar 1997

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

P v P (Financial Provision: Non-disclosure): 1994

The applicant wife had been shown to have been guilty of considerable misconduct of the financial case. It was submitted that, as a result of that misconduct, the court should reduce the wife’s award on the application of the Section 25(2)(g) criterion. Held: The appropriate penalty was in costs, not in a reduction in the … Continue reading P v P (Financial Provision: Non-disclosure): 1994

Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008

The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008

Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement): CA 30 Jul 2004

The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust. Held: A clause in the trust deed could not prevent application of the Act. The judge had been correct to … Continue reading Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement): CA 30 Jul 2004

Petrodel Resources Ltd and Others v Prest and Others: CA 26 Oct 2012

The parties had disputed ancillary relief on their divorce. The three companies, each in the substantial ownership of the husband, challenged the orders made against them saying there was no jurisdiction to order their property to be conveyed to the wife in satisfaction of the husband’s judgment debt. The order had been made following the … Continue reading Petrodel Resources Ltd and Others v Prest and Others: CA 26 Oct 2012

Foster v Foster: CA 16 Apr 2003

The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. The husband sought to restore it. Held: The district judge’s findings were not so wrong (if at all) … Continue reading Foster v Foster: CA 16 Apr 2003

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

J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006

The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006

Moody v Stevenson: CA 12 Jul 1991

The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no jurisdiction to make an award arose. Held: The court considered the application of section … Continue reading Moody v Stevenson: CA 12 Jul 1991

V v V (Ancillary relief: Power to order child maintenance): FD 6 Jun 2001

The parties had sought a child maintenance order form the court, but the husband resiled from his agreement. Held: Where the court was unexpectedly blocked in this way, it had a power to make an order for payment by way of a lump sum of the difference to the wife for the benefit of the … Continue reading V v V (Ancillary relief: Power to order child maintenance): FD 6 Jun 2001

Burrows v Burrows: FD 24 Mar 1999

An award was made for the husband to pay 50% of maximum lump sum and periodical payments of half pension income and other payments. This reflected the wife’s contribution through the marriage, allowing the husband to build his business. Citations: Gazette 24-Mar-1999 Statutes: Matrimonial Causes Act 1973 25B 25C 25D Jurisdiction: England and Wales Family … Continue reading Burrows v Burrows: FD 24 Mar 1999

Charman v Charman: CA 20 Dec 2005

The court considered orders to third parties abroad to produce docments for use in ancillary relief proceedings. The husband had built up considerable assets within an offshore discretionary trust. The court was asked whether these were family assets. Held: Asking what would be the approach of an English court, a request would not be met … Continue reading Charman v Charman: CA 20 Dec 2005

A v B (Ancillary relief: Separation agreement): FD 17 Jan 2005

The husband appealed against an ancillary relief order, saying that the judge had applied the terms of a separation agreement without acknowledging that that agreement had been entered into without full disclosure having been made. Had the judge looked properly at the issues identified in the Act, the order would have been different. Held: The … Continue reading A v B (Ancillary relief: Separation agreement): FD 17 Jan 2005

Ganesmoorthy v Ganesmoorthy: CA 16 Oct 2002

The parties had divorced. The wife alleged a serious assault against her husband, and instructed a claims firm to recover damages from him. Her ancillary relief claim in the divorce was compromised with her having sought to rely upon the assault, but without mentioning having instructed the claims firm. The husband resisted these proceedings for … Continue reading Ganesmoorthy v Ganesmoorthy: CA 16 Oct 2002

G v G (Financial Provision: Separation Agreement): CA 28 Jun 2000

The parties had been married before and had signed a prenuptial agreement. Held: Thorpe LJ set out the duties of a judge in ancillary relief applications: ‘A judge has to do fairness between the parties, having regard to all the circumstances. He must be free to include within that discretionary review the factors which compelled … Continue reading G v G (Financial Provision: Separation Agreement): CA 28 Jun 2000

McFarlane v McFarlane; Parlour v Parlour: CA 7 Jul 2004

Appeals were made against orders for periodical payments made against high earning husbands. The argument was that if the case of White had decided that capital should be distributed equally, the same should apply also to income. Held: The distinction between capital and income awards is no longer conclusive, having arisen in part from historical … Continue reading McFarlane v McFarlane; Parlour v Parlour: CA 7 Jul 2004

Gojkovic v Gojkovic (No 2): CA 1 Apr 1991

In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of andpound;1 million. The judge made no order as to costs after the date … Continue reading Gojkovic v Gojkovic (No 2): CA 1 Apr 1991

Moorhead v Moorhead: ChNI 11 Jan 2002

The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, … Continue reading Moorhead v Moorhead: ChNI 11 Jan 2002

Parra v Parra: CA 20 Dec 2002

The court considered the division of family assets on an ancillary relief application where a family company assets were involved but the assets had been divided equally: ‘The parties have, perhaps unusually, ordered their affairs during the marriage to achieve equality and to eliminate any potential for gender discrimination. They had in effect elected for … Continue reading Parra v Parra: CA 20 Dec 2002

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

Shahzad v Mazher and Another: CA 18 Dec 2020

Appeal from order setting aside decree absolute of divorce – finding of fraud as to length of separation. Judges: Lord Justice Moylan Citations: [2020] EWCA Civ 1740 Links: Bailii Statutes: Matrimonial Causes Act 1973 Jurisdiction: England and Wales Family Updated: 25 May 2022; Ref: scu.656881

Tom Omoghegbe Ikimi v Teresa Omawumi Ikimi: CA 13 Jun 2001

A petitioner could issue a petition for divorce on the basis of being habitually resident in the UK, even though she would also have habitual residence elsewhere. In this case she had been in England for 161 days out of the year in question. Nevertheless, ordinary residence meant habitual and normal residence adopted voluntarily and … Continue reading Tom Omoghegbe Ikimi v Teresa Omawumi Ikimi: CA 13 Jun 2001

Commissioners of Customs and Excise v A: A v A: CA 22 Jul 2002

The Customs appealed an order allowing a judge in divorce ancillary relief proceedings to make an order transferring the matrimonial home and two life policies in such a way as would defeat their attempt to enforce recovery under the 1994 Act. Held: The customs had not established that the 1994 had any statutory priority. Both … Continue reading Commissioners of Customs and Excise v A: A v A: CA 22 Jul 2002

Sudershan Kumar Rampal v Surendra Rampal: CA 19 Jul 2001

The parties were divorced, but when the husband applied for ancillary relief, the wife petitioned for nullity on the basis that the marriage was bigamous. The husband countered that she had known that his first marriage had only ended after this marriage. His application was struck out under 25(2)(g) Held: The husband’s application was re-instated … Continue reading Sudershan Kumar Rampal v Surendra Rampal: CA 19 Jul 2001

D v D (Production Appointment): FD 29 Nov 1995

An accountant’s professional privilege was overborne by the court, and a wider disclosure was approved. The court set a wide boundary around the scope of the documents which he was ordering the wife’s accountant to produce: ‘If the boundary is set narrow, there is the risk that information as to the nature and extent of … Continue reading D v D (Production Appointment): FD 29 Nov 1995

Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec): ChD 26 Jan 2001

The widow’s claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable residence. The court reduced the specific legacy and made an order … Continue reading Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec): ChD 26 Jan 2001

Hildebrand v Hildebrand: 1992

The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after photocopying) that the photocopies themselves would now ‘fill a crate’, as the judge was told. … Continue reading Hildebrand v Hildebrand: 1992

N v N (Financial Provision: Sale of Company): FD 2001

The nature of the family assets may be taken into account when considering how they are to be divided in ancillary relief proceedings on divorce, where these are businesses which will be crippled or lose much of their value, if disposed of prematurely in order to fund an equal division. Coleridge J said: ‘In the … Continue reading N v N (Financial Provision: Sale of Company): FD 2001

G v G (Maintenance Pending Suit: Costs): FD 2003

The court considered the argument that a wife’s maintenance pending suit should be limited to her reasonable needs: ‘I do not accept that argument for the following reasons. The purpose of the 1970 Act was to change statutory provisions that were outdated and inadequate and to make a new start. Although the word ‘maintenance’ was … Continue reading G v G (Maintenance Pending Suit: Costs): FD 2003

Cordell v Cordell: 2002

To succeed in an appeal against an ancillary relief order, the appellant should be able to show some procedural irregularity or that, in conducting the necessary balancing exercise, the district judge has taken into account matters which were irrelevant or ignored matters which were relevant or has otherwise arrived at a conclusion which was plainly … Continue reading Cordell v Cordell: 2002

Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993

H had transferred his interest in the jointly owned matrimonial home to W for her promise to have sole liability for the mortgage debt. Nearly a year later her divorce claim for capital provision was dismissed by consent on the basis that H had already transferred his interests to W. H was bankrupted, and his … Continue reading Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993

H v H (Financial Provision: Conduct): 1994

Citations: [1994] 2 FLR 801, [1994] 2 FCR 1031 Statutes: Matrimonial Causes Act 1973 25(2)(g) Cited by: Cited – Miller v Miller; M v M (Short Marriage: Clean Break) CA 29-Jul-2005 The parties contested ancillary relief where there had been only a short marriage, but where here were considerable family assets available for division. The … Continue reading H v H (Financial Provision: Conduct): 1994

G v G (Financial Provision Equal Division): FD 2 Jul 2002

The family assets were in the region of andpound;8.5M. The wife sought a half share. The husband proposed that she should have 40%. The husband had built the family fortune through exceptional hard work and astute business acumen in the field of substantial development and construction projects. The court considered how capital and income could … Continue reading G v G (Financial Provision Equal Division): FD 2 Jul 2002

First National Securities v Hegerty: CA 1984

The husband had forged his wife’s signature on the loan application and on the charge of the house held by himself and his wife as joint tenants. He had left the country, and the plaintiff sought to enforce the charge, and ex parte obtained an order nisi charging the husband’s interest in the house. The … Continue reading First National Securities v Hegerty: CA 1984

Miller v Miller; M v M (Short Marriage: Clean Break): CA 29 Jul 2005

The parties contested ancillary relief where there had been only a short marriage, but where here were considerable family assets available for division. The wife sought to rely upn the husband’s behaviour to counter any argument as to the shortness of the marriage. The husband answered to say that she had declared that she would … Continue reading Miller v Miller; M v M (Short Marriage: Clean Break): CA 29 Jul 2005

A v A (Arbitration: Guidance): FD 9 Jul 2021

Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991

Wilkinson v Kitzinger and others: FD 31 Jul 2006

The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006

Bellinger v Bellinger: HL 10 Apr 2003

Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003

Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

There had been a purported marriage in 1963 between a man and a male to female trans-sexual. Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that … Continue reading Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970

Bellinger v Bellinger: CA 17 Jul 2001

Transgender Male may not marry as Female Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the section had not previously … Continue reading Bellinger v Bellinger: CA 17 Jul 2001

H v H (Financial Provision: Special Contribution): FD 2002

The court heard an application for ancillary relief in a divorce. The family assets were pounds 6M. The husband was a successful city solicitor. Counsel contended that for various reasons his financial accumulations during the course of his professional life amounted to a special contribution: but on behalf of the wife it was submitted that … Continue reading H v H (Financial Provision: Special Contribution): FD 2002