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
The parties had divorced. The wife alleged a serious assault against her husband, and instructed a claims firm to recover damages from him. Her ancillary relief claim in the divorce was compromised with her having sought to rely upon the assault, but without mentioning having instructed the claims firm. The husband resisted these proceedings for … Continue reading Ganesmoorthy v Ganesmoorthy: CA 16 Oct 2002
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
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
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
H drank excessively and was unemployed. In the divorce he made an application for ancillary relief against the offer from W to share the proceeds of sale of the house equally. Held: H was homeless and unemployed. His behaviour was such as should be taken into account, but his needs required provision of a sum … Continue reading K v K (Ancillary Relief): 1990
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 a long marriage. They had acquired or inherited substantial assets, some of which had been placed in trusts. W had left and had affairs. She sought ancillary relief. Held: The wife’s behaviour was not to be considered as a separate factor under section 25, but was still part of the picture of … Continue reading E v E (Financial Provision): FD 1990
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 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
Connell J discussed the effect of the presence of a prenuptial agreement, saying ‘The prenuptial agreement in my view is relevant to tending to guide the court to a more modest award than might have been made without it. I reject outright the suggestion that it should dictate the wife’s entitlement; but I bear it … Continue reading M v M (Prenuptial Agreement): FD 2002
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