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 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 may be . . there should be evidence put before the … Continue reading Martin v Martin: CA 10 Mar 1977
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
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
The court heard an application for ancillary relief and variation of a post nuptial settlement. Each party made allegations of misconduct against the other, and the litigation had been bitter and protracted. W had obtained copies of H’s private email correspondence, and H had relocated financial assets. Held: H’s actions were exceptionally unpleasant and were … Continue reading FZ v SZ and Others (ancillary relief: conduct: valuations): FD 5 Jul 2010
H had been paying maintenance to W for many years after the divorce. W now appealed against an order revoking the arrangement without providing a capital sum to replace it. H’s health had declined, and also his earnings. Held: W’s appeal succeeded. W had taken as part of her settlement a desk which was now … Continue reading Vaughan v Vaughan: CA 31 Mar 2010
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
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, restricting his ancillary relief. Held: H’s appeal failed (Lady Hale dissenting). Separation agreements … Continue reading Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was domiciled in the UK. Held: The appeal failed. The word ‘spouse’ in the … Continue reading Bala and Others, Regina v: CACD 10 May 2016
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 . .
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The parties had married in 1973, separated in 1976, and divorce proceedings begun in 1977. W suffered bad health and did not work. H had a position as a senior editor of a newspaper. Held: The periodical payments order should provide support for W during her ill health, but not for life. A lump sum … Continue reading Robertson v Robertson: FD 1982
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
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 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
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
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
A marriage celebrated outside England under a system of law permitting polygamy is not to be regarded as polygamous for the purpose of s.11(d) (or presumably for other purposes) if neither spouse had capacity to enter into a second marriage, such capacity being determined by the law of the domicile of the spouse in question … Continue reading Hussain v Hussain: CA 1983
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
The husband and his wife agreed that in consideration, inter alia, of the wife consenting to the husband divorcing her on the ground of two years’ separation and consent, he would transfer the matrimonial home to her, and she would take over responsibility for the mortgage. A decree absolute was made on the husband’s petition … Continue reading Sutton v Sutton: 1984
A court had the power to extend a maintenance order which was limited in time, even after it had expired. It was sufficient that the application had been made before the order had expired. Conflicting series of cases should now be settled on this basis. To hold otherwise and require that the order itself must … Continue reading Jones v Jones: CA 11 Apr 2000
Where W had substantial capital assets, but little income, and the husband’s position was the reverse, it was not open to her to plead that a divorce should be refused on the grounds of exceptional hardship. Loss of pension in this case was insufficient. Citations: Times 23-Nov-1998 Statutes: Matrimonial Causes Act 1973 5 Jurisdiction: England … Continue reading Archer v Archer: CA 23 Nov 1998
Where a party alleges that the other has made a nil contribution to the welfare of the family, the case must be advanced under s25(2)(g). Citations: [2001] Family Law 656 Statutes: Matrimonial Causes Act 1973 25(2)(g) Jurisdiction: England and Wales Cited by: Cited – Miller v Miller; M v M (Short Marriage: Clean Break) CA … Continue reading Wells v Wells: FD 2001
The court was asked whether a wife under an (actually) polygamous marriage, entered into under the rites of the Moslem religion, was competent to give evidence against her husband. It was conceded that ‘in English law generally’ the lady was not the co-accused’s wife; but even so, it was argued, she was to be treated … Continue reading Regina v Junaid Khan: CACD 1987
Ormrod LJ said: ‘But it must be a matter entirely for the judge to look at all the facts and the financial situation of each party and taking into account the fact that they made this agreement which to my mind is a very important piece of conduct under section 25 of the Matrimonial Causes … Continue reading Brockwell v Brockwell: CA 5 Nov 1975
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988
The judge had ordered the father to make money settlements on his daughters which had no relation to accommodation or their need during minority. Held: The judge had gone quite ouside the jurisdiction of the Act, and the appeal succeeded. Children are entitled to a suitable home, to an upbringing, and to an education which … Continue reading Lord Lilford v Glyn: CA 1979
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
A delay in presenting or prosecuting a claim for ancillary relief and an inability to show need when the claim is determined may result in a smaller award or even a nil award. Citations: [1979] 1 FLR 10 Statutes: Matrimonial Causes Act 1973 Cited by: Cited – G v G and Another FdNI 25-Oct-2003 There … Continue reading Chambers v Chambers: 1979
A bigamist is unable to claim ancillary relief in the second marriage; would be against public policy. Since bigamy was a serious crime which undermined fundamental notions of monogamous marriage, the Court would not as a matter of public policy entertain an application for financial relief under the Matrimonial Causes Act 1973 from a person … Continue reading Whiston v Whiston: CA 8 May 1995
Judge did not make pensions ear-marking order based on transfer value. Provision for divorced spouse could be kept alive by judge refusing to dismiss claim under Inheritance Act. Citations: Gazette 20-May-1998 Statutes: Matrimonial Causes Act 1973 Family Updated: 10 April 2022; Ref: scu.89683
Maintenance payable for a child is to be treated as the income of the mother for grant calculation purposes. Citations: Times 29-Jun-1993 Statutes: Matrimonial Causes Act 1973 23(1)(d) Judicial Review Updated: 10 April 2022; Ref: scu.88008
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been asserted that the English court had jurisdiction to entertain the petition in … Continue reading Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014
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
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
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
The parties were involved in substantial ancillary relief disputes. W now complained that H had charged his only asset within the jurisdiction, the house in which she lived, to secure his legal fees. She had already asserted a claim against it within the proceedings. The Court had already found that H had failed to disclose … Continue reading ABC v PM and Another: FC 5 Mar 2015
W sought to challenge transactions entered into by H anticipating ancillary relief proceedings on their divorce. Nicholas Mostyn QC J said: ‘While of course no rigid rule can be expressed for the infinite variety of facts that arise in ancillary relief cases, I would have thought, generally speaking, that it would be very difficult for … Continue reading Rossi v Rossi: FD 26 Jun 2006
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
An ancillary relief order was made in December 1978, following a compromise agreement. It provided for the sale of the former matrimonial home and the payment to the wife from the proceeds of sale of andpound;18,000. The husband was adjudicated bankrupt in May 1980. The trustee applied for an order declaring that the order was … Continue reading Re Abbot (A Bankrupt), ex parte Trustee Of The Property Of The Bankrupt v Abbot: QBD 1983
A breadwinner’s unimpaired and unimpeded earning capacity is a powerful resource which can frequently repair any loss of capital after an unequal distribution. Munby J [2003] 2 FLR 285, [2002] EWHC 3106 (Fam) Matriminial Causes Act 1973 25 England and Wales Citing: Cited – Mesher v Mesher and Hall CA 1973 (Heard in 1973, but … Continue reading B v B (Mesher Order): FD 2002
(Isle of Man) The parties had signed a post-nuptial agreement. Held: It was not open to the courts to find that such agreements might be enforced. They had been unenforceable under common law, and if the law was to be changed it must be by statute. There was an enormous difference in principle and in … Continue reading Macleod v Macleod: PC 17 Dec 2008
Appeal against order striking out claim for ancillary relief on divorce Maurice Kay LJ, Sullivan LJ, Ryder LJ [2013] EWCA Civ 1095 Bailii Matrimonial Causes Act 1973 England and Wales Family Updated: 19 November 2021; Ref: scu.515009
Unreasonable Behaviour must reach criteria W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H. Held: W’s appeal failed. ‘What the … Continue reading Owens v Owens: CA 24 Mar 2017
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The wife appealed an ancillary relief order for equal division on the basis that the judge had failed to allow for the fact that most of the assets had been brought to the marriage by her. Held: Her appeal succeeded. All the assets at the start of the marriage were hers, and the parties had … Continue reading B v B (Ancillary relief: Distribution of assets): CA 19 Mar 2008
Mr and Mrs Duxbury had been married for 22 years. When, at the end of their marriage, their financial affairs came before the court under the provisions of sections 23 and 24 of the 1973 Act, each wanted a clean break. By the standards of the day, Mr. Duxbury was a wealthy man, and a … Continue reading Duxbury v Duxbury: CA 1987
Deceit in address avoided divorce petitions The Queen’s Proctor applied to have set aside as fraudulent 21 petitions for divorce. It was said that false addresses had been used in order to give the court the appearance that it had jurisdiction. Held: The decrees obtained by fraud were void and not just voidable, even here … Continue reading Grasso v Naik (Twenty-One Irregular Divorces): FD 8 Nov 2017
The wife appealed against an order refusing to set aside an earlier order for ancillary relief in her divorce proeedings, arguing that it had been made under a mistake. The sum available for division had had deducted an expected liabiliity to the Inland Revenue and otherwise in respect of failed business. The husband had prepared … Continue reading Judge v Judge and others: CA 19 Dec 2008
Financial Relief for Adult son – No Jurisdiction Adult but vulnerable son seeking financial relief against married and cohabiting parents. Held: Refuse Sir James Munby [2020] EWFC 63, [2020] WLR(D) 532 Bailii, WLRD Matrimonial Causes Act 1973, Children Act 1989, Human Rights Act 1998 England and Wales Cited by: Main Judgment – FS v RS … Continue reading FS v RS and JS: FC 30 Sep 2020
FDR Appointment Must Remain Confidential XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution appointment at which they were appointed. This was prohibited by the Rules, and … Continue reading V v W: FC 2 Dec 2020
Letter Without Prejudice Save as to Costs Husband and wife disputed provision under 1973 Act, and a summons under section 17 of the 1882 Act. The wife had offered to transfer a house to H occupied by his mother, worth about pounds 12,000, in return for him leaving the matrimonial home. He refused the offer … Continue reading Calderbank v Calderbank: CA 5 Jun 1975
The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the … Continue reading Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006
Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006
The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
No Presumption of House for both Parties When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be reluctant to allow repeated appeals … Continue reading Piglowska v Piglowski: HL 24 Jun 1999
The married couple owned a property as tenants in common. The husband had moved out and, anticipating divorce proceedings, sought an order for the sale of the house citing his inability to sustain the very considerable mortgage payments. The wife said that it was inappropriate to use the 1996 Act when divorce proceedings were anticipated. … Continue reading Miller Smith v Miller Smith: CA 2 Dec 2009
Husband and wife, neither English, had married in England. Beforehand they had signed a prenuptial agreement in Germany agreeing that neither should claim against the other on divorce. The wife appealed against an order to pay a lump sum to the husband. The husband had not had independent legal advice before signing the agreement. Held: … Continue reading Radmacher v Granatino: CA 2 Jul 2009
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage. Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary relief application on a divorce, the court should include consideration of why any … Continue reading White v White: HL 26 Oct 2000
The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor in south Africa said that he had warned them that in the absence of them … Continue reading Hudson v Leigh: FD 5 Jun 2009
The parties were involved in ancillary relief proceedings. At the same time the husband was in prison after having hidden earnings from his business, and was subject to an unsatisfied confiscation order. The guardian had had doubts about the mother’s suitability to have full responsibility for the care of their 11 year old son. The … Continue reading Stodgell v Stodgell FD: FD 18 Jul 2008
Establishing Clean Break on Divorce The House set out the principles for establishing a ‘clean break’ financial settlement on a divorce. Once a capital claim in a divorce has been given effect in a court order, the court does not have jurisdiction to vary it. Lord Scarman said: ‘Once an application has been dealt with … Continue reading Minton v Minton: HL 1979
The Court considered the impact of fraud upon a financial settlement agreed between divorcing parties where that agreement is later embodied in a court order? Does ‘fraud unravel all’, as is normally the case when agreements are embodied in court orders, or is there some special magic about orders made in matrimonial proceedings, which means … Continue reading Sharland v Sharland: SC 14 Oct 2015
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the solicitors for wrongful interference with property by ‘possessing, taking or intercepting the claimant’s correspondence and documents … Continue reading White v Withers Llp and Dearle: CA 27 Oct 2009
Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020
W petitioned for divorce alleging that he ‘has behaved in such a way that [she] cannot reasonably be expected to live with [him]’. H defended, and the petition was rejected as inadequate in the behaviour alleged. She said that the section should be . .
H appealed against an ancillary relief order. . .
An entitlement to an equal division must reflect not only the parties’ respective contributions ‘but also an accrual over time’, and it would be ‘fundamentally unfair’ that a party who has made domestic contributions during a marriage of 12 years . .
W appealed against orders in ancillary relief proceedings saying that the award made to her husband was excessive. . .
The test for what sex somebody was for the purposes of validating a marriage was the sex as decided and set out on the birth registration certificate. Though increasing recognition has been given to the complexities of gender identity over the . .
The husband’s petition was based on section 1(2)(e) of the 1973 Act, namely that he and the wife had lived apart for at least five years. The Court of Appeal upheld the judge’s rejection of the wife’s opposition to the grant of a decree, which was . .
The financial claims on divorce had been settled by a compromise recorded in a court order. The order included periodical payments to the former wife. After she suffered financial losses, she sought an increase, and the former husband sought an . .
This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.
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 . .
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 . .
Application for ancillary relief to vary post-nuptial settlement. . .
The wife and her second husband occupied a property in the joint names of herself and of her first husband, who, following their divorce, had applied under the Act of 1973 for a lump sum order reflective of his equal beneficial interest in it to be . .
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 . .
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
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 . .
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 . .
A strictly mathematical approach to calculating ancillary relief can be inappropriate in large sum cases. The statutory jurisdiction has to provide for all applications for ancillary financial relief, from the poverty stricken to the . .
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 . .
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 . .
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her . .
The claimant was advised to accept a consent order that his wife should pay him a capital sum in the divorce, but by instalments. The wife later successfully applied to have the sum reduced. He sought to claim against his former solicitors for not . .
In ancillary relief proceedings in a divorce, the husband had been ordered to transfer his interest in property to his wife. Before it was put into effect, he became insolvent. The wife and receiver competed for the interest to have been . .
A party to a marriage had ambiguous physical characteristics. The respondent’s sex at birth was uncertain, and that the parents chose to register her as a boy. As a child and a young woman she dressed as, appeared as, and acted as female. At 17, she . .
The court examined its jurisdiction to hear an appeal on an ancillary relief application where one party had remarried. . .
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 . .
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 . .
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so . .
References: [2014] EWFC 35 Links: Bailii Coram: Sir James Munby P FD The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been … Continue reading Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014
