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Acts

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P v P (Inherited Property): FD 2005

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

SRJ v DWJ (Financial Provision): CA 20 Oct 1999

There is no presumption in favour of a clean break provision in an ancillary relief claim. A nominal award of maintenance was appropriate where the wife’s long dependency and continued responsibility for children made future earning capacity problematic. A dismissal of a claim for maintenance where the wife was relatively mature should not be expected. … Continue reading SRJ v DWJ (Financial Provision): CA 20 Oct 1999

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

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

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

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

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

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

K, Regina v: CACD 28 Jul 2009

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

Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010

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

White v White: CA 19 Jun 1998

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 . .

Ward v Ward and Greene: 1980

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). . .

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

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 of the king, and could not proceed: ‘a claim for financial provision between living … Continue reading Harb v King Fahd Bin Abdul Aziz and Another: CA 9 Nov 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

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

Kemmis v Kemmis (Welland and Others Intervening): CA 1988

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

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

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

Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014

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

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

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

V v W: FC 2 Dec 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

Miller v Miller; McFarlane v McFarlane: HL 24 May 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

Radmacher v Granatino: CA 2 Jul 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

Sharland v Sharland: SC 14 Oct 2015

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

White v Withers Llp and Dearle: CA 27 Oct 2009

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

Hall v Hall: CA 1984

After divorce proceedings had commenced, the wife visited the husband, then living with someone else, and stabbed him. She now appealed an order for maintenance reduced because of her conduct.
Held: The conduct was clearly gross and obvious, . .

Balraj v Balraj: CA 1980

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 . .

More Recent Cases

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.

Birch v Birch: SC 26 Jul 2017

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 . .

Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014

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