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

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

The husband had obtained a decree absolute of divorce against his wife. The matrimonial home had been conveyed to them jointly. He remarried and applied to the court for variation of the post-nuptial settlement. He died before the application was . .

Where husband and wife were partners in a business, the court deciding ancillary relief should first assess what each would get on a dissolution, then ask if family court powers to be exercised to increase the wife’s share, if not then should it be reduced. Judges: Butler-Sloss, Thorpe, Mantell LJJ Citations: Times 13-Jul-1998, [1998] EWCA … Continue reading White v White: CA 19 Jun 1998

A court has no power to make an interim order for the purchase of a house for the wife and children pending determination of the overall ancillary application. The result sought by the wife could have been achieved by application under section 17 of the Act of 1882, but ‘The power [under s.17] to order … Continue reading Wicks v Wicks: CA 29 Dec 1997

Citations: [2013] EWCA Civ 41, [2011] 2 FLR 478 Links: Bailii Statutes: Matrimonial Causes Act 1973 35 Jurisdiction: England and Wales Citing: See Also – Kremen v Agrest FD 15-Oct-2010 Application as to payment of funds held where the payer was a fugitive from justice, owing sums in maintenance to the claimant. W applied for … Continue reading Kremen v Agrest: CA 5 Feb 2013

The parties had obtained an ancillary relief order by consent. That order was later varied at the request of the wife. The husband now appealed against the order saying it was not open to him to vary what had been agreed to. Judges: Thorpe, Kitchin LJJ, Baron J Citations: [2013] EWCA Civ 13 Links: Bailii … Continue reading Hamilton v Hamilton: CA 24 Jan 2013

Both husband and wife had independent means, and neither worked. The wife had spent pounds 100,000k on Children Act proceedings, and sought ancillary relief. The judge had made an order on capital to reflect the fact that if those costs had not been spent W would have had the money available as capital. Held: Whilst … Continue reading Tavoulareas v Tavoulareas (2): CA 19 Nov 1996

Applications for ancillary relief Judges: Charles J Citations: [2012] EWHC 167 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 Family Updated: 01 November 2022; Ref: scu.460516

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

Citations: [2013] EWHC 3864 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 37(2)(b) Jurisdiction: England and Wales Family Updated: 15 October 2022; Ref: scu.519675

Judges: Sir Mark Potter P Citations: [2008] EWHC 112 (Fam), [2008] 1 FLR 742, [2008] 2 FCR 682 Links: Bailii Statutes: Matrimonial Causes Act 1973 31(7) Jurisdiction: England and Wales Family Updated: 13 October 2022; Ref: scu.264012

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

The wife said that she had not got a good bargain in an agreement settling ancillary relief applications. Held: The court must have regard to s.25 of the Matrimonial Causes Act, but also to: ‘Conduct of the parties in all the circumstances . . (which) must include the fact of and the nature of an … Continue reading Dean v Dean: FD 1978

Judges: Mr Justice Mostyn Citations: [2021] EWFC 23 Links: Bailii Statutes: Matrimonial Causes Act 1973 27 Jurisdiction: England and Wales Family Updated: 27 September 2022; Ref: scu.659475

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

It was argued that in order for the court fully to flex its powers at final hearing under section 23 and section 24 MCA 1973, it was necessary to issue a separate application under the MWPA 1882 (or the Law of Property Act 1925). Citations: [1980] 1 WLR 4 Statutes: Matrimonial Causes Act 1973 23 … Continue reading Ward v Ward and Greene: 1980

An order had been made in 1981 for the home not to be sold until the youngest child had attained the age of 17 ‘or further order’. The wife, who was living in the home with the children, against a judge’s determination that he had no jurisdiction to entertain her subsequent application for an order … Continue reading Thompson v Thompson: CA 1986

Judges: Moylan J Citations: [2009] EWHC 3076 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 31 Family Updated: 28 August 2022; Ref: scu.426854

The parties, foreign nationals, had married abroad. The came to live here, but H returned in 1996. W sought to pre-empt proceedings abroad by divorcing here getting a decree nisi. She began ancillary relief proceedings, and was awarded maintenance pending suit which was paid, but H failed to co-operate with the ancillary relief application beyond … Continue reading W v W (Decree Absolute): FD 31 Mar 1998

The word ‘property’ in the section refers only to property in which one or other of the parties has a beneficial interest, and the words ‘deal with’ relate to acts of dealing, not a lack of dealing with. Citations: [1990] 2 FLR 361, Times 12-Apr-1990 Statutes: Matrimonial Causes Act 1973 37(2)(a) Jurisdiction: England and Wales … Continue reading Crittenden v Crittenden: CA 12 Apr 1990

Judges: Bruce Blair QC J Citations: [2008] EWHC 2553 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 31 Jurisdiction: England and Wales Family Updated: 30 July 2022; Ref: scu.347364

The husband appealed against an ancillary relief order, and particularly as to an order that he should continue to pay maintenance for the joint lives of the parties rater than for five years. He was earning a substantial income but anticipated that he might lose that income within a few years. The court had said … Continue reading S v S: FD 19 Mar 2008

The court considered the practice on giving without notice orders. Judges: Munby J Citations: [2005] EWHC 2741 (Fam), [2006] Fam Law 353, [2006] 1 FLR 936 Links: Bailii Statutes: Matrimonial Causes Act 1973 37 Jurisdiction: Northern Ireland Family Updated: 21 July 2022; Ref: scu.279012

The court examined its jurisdiction to hear an appeal on an ancillary relief application where one party had remarried. Judges: Thorpe LJ, Wall LJ, Stanley Burnton LJ Citations: [2008] EWCA Civ 1049, [2009] 1 FLR 983, [2009] Fam Law 184 Links: Bailii Statutes: Matrimonial Causes Act 1973 28(3) Jurisdiction: England and Wales Citing: Cited – … Continue reading Whitehouse-Piper v Stokes: CA 15 Jul 2008

A husband earning pounds 41,000 per year had been ordered to pay maintenance to his wife at pounds 18,000pa and for children at pounds 7956pa reduced to half his earnings at pounds 1,000 per month. There is a need always to judge the award against s25 checklist. Adjusted approach was conventional. Citations: Gazette 18-Nov-1998, [1998] … Continue reading Scheeres v Scheeres: CA 23 Sep 1998

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

Application under section 27 of the Matrimonial Causes Act 1973: ‘That section of the act was recently described in the Supreme Court as ‘moribund’. This case has demonstrated that that is not necessarily the case.’ Judges: Booth HHJ Citations: [2015] EWHC B24 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 27 Jurisdiction: England and Wales … Continue reading H v H: FD 27 Nov 2014

The court considered an application for ancillary relief where one party had inherited a family farm. Held: The nature and source of the parties’ property are matter to be taken into account when determining the requirements of fairness. Judges: Munby J Citations: [2005] 1 FLR 576 Statutes: Matrimonial Causes Act 1973 23 Jurisdiction: England and … Continue reading P v P (Inherited Property): FD 2005

In an ancillary relief action it had been anticipated that the husband would at a future time inherit a substantial amount. An order was made but an express order for a capital sum was adjourned. The wife then remarried, and later, and after the wife’s second marriage had come to an end, the former husband … Continue reading K (formerly G) v G: FD 28 Jan 2004

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

The parties disputed an ancillary relief claim on their divorce. The husband had been suicidally depressed. The wife had committed adultery over a long time and also assisted her husband’s failed suicide. The husband now sought to rely upon her behaviour, saying it would be inequitable to ignore it. Held: The husband’s appeal was allowed. … Continue reading Kyte v Kyte: CA 22 Jul 1987

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

The court considered an application for ancillary relief. The assets were substantial, but before the judge was to deliver his judgment he accepted evidence from the husand that the sale of his business had fallen through and H’s income substantially reduced.The judge had achieved a clean break by allocating properties to the respective parties, giving … Continue reading Wells v Wells: CA 20 Mar 2002

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

The court has no power to dismiss an applicant’s claim for periodical payments against her will. Citations: [1981] Fam 31, [1980] 1 FLR 286 Statutes: Matrimonial Causes Act 1973 25 Jurisdiction: England and Wales Cited by: Mentioned – Miller v Miller; McFarlane v McFarlane HL 24-May-2006 Fairness on Division of Family Capital The House faced … Continue reading Dipper v Dipper: CA 1980

The parties had been married for only a few weeks. The wife sought ancillary relief. Held: The marriage had been preceded by a pre-marital or pre-nutial agreement, under which if the husband sought a divorce (a talaq) she would recover her marriage portion, but if she did (a kuhla), she would have to negotiate a … Continue reading N A v M O T: FD 30 Jan 2004

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

When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make assumptions about the roles taken by the parties according to their sex, and the … Continue reading Cowan v Cowan: CA 14 May 2001

On a divorce where there were fairly substantial sums at issue, the two parties argued for different bases for calculation of the wife’s interests, either her reasonable needs according to Duxbury tables, or otherwise to reflect the particular facts. Held: The Ogden tables should not be preferred in matrimonial proceedings. In substantial asset cases two … Continue reading Dharamshi v Dharamshi: CA 5 Dec 2000

The wife committed suicide six months after the ancillary relief order. The husband sought to re-open out of time the ancillary relief order and to reclaim the sum paid from the estate. Held: Where an ancillary relief order came to be reconsidered because its basis had been undermined by supervening events, the court should look … Continue reading Smith v Smith: CA 20 Feb 1991

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

A director’s pension scheme could be treated as a post-nuptial marriage settlement where the director was the only scheme member. It was thus a matrimonial asset capable of variation by a court in ancillary relief proceedings in a divorce. The court sought to define a marriage settlement: ‘In the Matrimonial Causes Act 1973 settlement is … Continue reading Brooks v Brooks: HL 29 Jun 1995