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
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
A judgment summons, issued was issued by the wife to enforce a lump sum order made against her husband in their divorce proceedings. The judge had performed his statutory duty which included having to satisfy himself under s. 25 of the 1973 Act of the income, earning capacity, property and other financial resources of the … Continue reading Mubarak v Mubarak: CA 2001
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two individuals had taken out a single premium insurance policy on the life of Sir John Rolleston Lort-Williams. The benefits were payable to these trustees as ‘moneys payable under this policy, effected for the benefit of the widow or children or any of them of the assured in such shares and proportions and interest, and … Continue reading Lort-Williams v Lort-Williams: CA 1951
The court considered whether a deed of trust created a post nuptial settlement within the 1950 Act: ‘Inasmuch as the deed vested no property in trustees and created no successive legal or beneficial interests it had none of the attributes of a settlement which are familiar to conveyancing practitioners. It has, however, long since been … Continue reading Prescott v Fellowes: CA 1958
Before the divorce, H had earned a good income. After proeedings, his income was very substantially reduced. The court considered how it should deal with non-disclosure in a divorce financial application. Sachs J said: ‘In cases of this kind, where the duty of disclosure comes to lie upon the husband; where a husband has – … Continue reading J-PC v J-AF, orse J v J: CA 1955
There are some medical matters of which the court has judicial knowledge, such as the normal period of human gestation. At common law the presumption of legitimacy could only be rebutted by proof beyond reasonable doubt. Proof of adultery in matrimonial proceedings was to be beyond reasonable doubt. The use of the word ‘satisfied’ in … Continue reading Preston-Jones v Preston-Jones: HL 1951
The House was asked as to the standard of proof required to establish that adultery had been condoned under the subsection. Held: Lord Denning said: ‘In short it comes to this: so far as the grounds for divorce are concerned, the case, like any civil case, may be proved by a preponderance of probability, but … Continue reading Blyth v Blyth: HL 1966
