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
Judges: Coleridge J Citations: [2005] EWHC 2908 (Fam), [2006] 1 FLR 856 Links: Bailii Statutes: Matrimonial Causes Act 1973 24(1)(c) Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading N v N and Another: FD 16 Dec 2005
Application for ancillary relief to vary post-nuptial settlement. Citations: [2004] EWHC 742 (Fam), [2004] Fam 141 Links: Bailii Statutes: Matrimonial Causes Act 1973 24(1)(c) Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading C v C (Ancillary Relief: Nuptial Settlement): FD 2 Apr 2004
A single member pension fund scheme was a post nuptial settlement within the Act, and was variable by the court on a divorce. No third party would be affected. Citations: Independent 27-May-1994, Times 27-May-1994 Statutes: Matrimonial Causes Act 1973 24(1)(c) Jurisdiction: England and Wales Cited by: Appeal from – Brooks v Brooks HL 29-Jun-1995 A … Continue reading Brooks v Brooks: CA 27 May 1994
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
A pension fund with only one member can be a post nuptial settlement and open to variation in ancillary proceedings in a divorce. Citations: Independent 14-May-1993, Times 05-May-1993 Statutes: Matrimonial Causes Act 1973 24(1)(c) Jurisdiction: England and Wales Family Updated: 28 April 2022; Ref: scu.78044
H appealed against an ancillary relief order. . .
