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 . .
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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 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 relief might be available to a trans-sexual whose marriage is annulled. The principle of public … Continue reading S v S-T (Formerly J): CA 25 Nov 1996
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 transferred. Held: Upon the order taking effect (upon the decree absolute), the wife acquired … Continue reading Mountney v Treharne: CA 8 Aug 2002
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 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 far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006
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
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 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
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998
A section 27 claim cannot be pursued by a surviving spouse. Black J said: ‘It is clearly established that until an ancillary relief order has been made, an ancillary relief claim is not a cause of action. This appears to be because of the discretionary nature of ancillary relief, someone seeking ancillary relief may establish … Continue reading McMinn v McMinn: 2003
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 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 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
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
H, a devout Muslim, objected to the English court dealing with the divorce proceedings brought by W. He said that under Sharia law, any proceedings had to occur in Pakistan. Held: The court had jurisdiction. There was clear evidence that the law of divorce in Pakistan was discriminatory, and that W would have less rights … Continue reading B v L: FC 20 Oct 2016
The court held that a wife’s disposition of her inheritance from her mother was a circumstances which the Court was required to have regard to when making an Order under the Matrimonial Causes Act 1973. If one party deliberately divests himself or herself of assets that is an important factor. Citations: (1992) 1 FLR 16 … Continue reading Primavera v Primavera: CA 1992
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 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 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
(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
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 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 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 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
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
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, . .
In England and Wales the Matrimonial Causes Act 1973 says that one ground for divorce is that the other spouse has behaved in such a way that the person wanting the divorce cannot reasonably be expected to live with them. The Claimant claims that . .
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
