Acts
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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 aside as a transaction at an undervalue. Held: The starting point … Continue reading Haines v Hill and Another: CA 5 Dec 2007
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
The parties had disputed ancillary relief on their divorce. The three companies, each in the substantial ownership of the husband, challenged the orders made against them saying there was no jurisdiction to order their property to be conveyed to the wife in satisfaction of the husband’s judgment debt. The order had been made following the … Continue reading Petrodel Resources Ltd and Others v Prest and Others: CA 26 Oct 2012
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 wide discretions to the Court, and nobody could expect clarity or predictability of … Continue reading Lambert v Lambert: CA 14 Nov 2002
The husband had accepted an obligation to make periodical payments to the wife but the obligation had been expressed as an undertaking on his part rather than as an order by consent for periodical payments pursuant to section 23(1)(a) of the Act. Held: A final ancillary relief order that has been made by a District … Continue reading L v L: FD 2 May 2006
Judges: King, Moylan, Rose LJJ Citations: [2019] EWCA Civ 1482, [2019] WLR(D) 489 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 Jurisdiction: England and Wales Family Updated: 18 August 2022; Ref: scu.641787
Maintenance in England, divorce in Scotland H disputed the right of W to seek maintenance before and English court, saying that the parties had mostly lived in Scotland, and the divorce was being conducted there. Held: (Wilson, Hales LL dissenting) H’s appeal failed. The divorce and the maintenance action were distinct, and the European Regulations … Continue reading Villiers v Villiers: SC 1 Jul 2020
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 Customs appealed an order allowing a judge in divorce ancillary relief proceedings to make an order transferring the matrimonial home and two life policies in such a way as would defeat their attempt to enforce recovery under the 1994 Act. Held: The customs had not established that the 1994 had any statutory priority. Both … Continue reading Commissioners of Customs and Excise v A: A v A: CA 22 Jul 2002
The court considered the argument that a wife’s maintenance pending suit should be limited to her reasonable needs: ‘I do not accept that argument for the following reasons. The purpose of the 1970 Act was to change statutory provisions that were outdated and inadequate and to make a new start. Although the word ‘maintenance’ was … Continue reading G v G (Maintenance Pending Suit: Costs): FD 2003
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
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
W appealed against a financial remedies award achieving equality between herself and H. The marriage had not been a long one and they had no children. W challenged the imposition of an equal sharing principle. Held: W’s appeal succeeded. Section 25 required the court in every case to look at all the circumstances, and the … Continue reading Sharp v Sharp: CA 13 Jun 2017
Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991
Application for financial remedies within divorce. Lord Meston C HHJ [2015] EWHC 3941 (Fam) Bailii Matrimonial Causes Act 1973 Family Updated: 22 January 2022; Ref: scu.568751
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 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
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