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
The decision of the Court of Appeal in Jenkins v. Livesey (formerly Jenkins) … is a reminder that in all cases where application is made for a financial provision or property adjustment order the court is required to have before it an agreed statement of the general nature of the means of each party signed … Continue reading Practice Direction (Family Division: Financial Statement): 1984
The claimant sought provision under the 1975 Act from the estate of his deceased wife. Judges: Behrens J Citations: [2008] WTLR 1675, [2008] Fam Law 844, [2008] EWHC 810 (Ch), [2009] 1 FLR 747, [2009] 2 FCR 631 Links: Bailii Statutes: Inheritance (Provision For Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited … Continue reading Barron v Woodhead and Another: ChD 25 Jun 2008
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
UTIAC Whilst the Private International Law (Miscellaneous Provisions) Act 1995 amended section 11(d) of the Matrimonial Causes Act 1973 so that a potentially polygamous marriage would not be void if either party was at the time of the marriage domiciled in England and Wales, it did not alter the position regarding actually polygamous marriages. Under … Continue reading Abdin (Domicile – Actually Polygamous Marriages) Bangladesh: UTIAC 10 Sep 2012
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
W sought permission to seek financial relief under section 13. H denied that there had been a marriage. There had been a civil ceremony at the Moroccan consulate, the parties each having dual Moroccan and British citizenship, and: ‘the issue is whether what judges have recently labelled or characterised as a ‘non-marriage’ under English law, … Continue reading Dukali v Lamrani: FD 15 Mar 2012
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child. Held: The appeal was dismissed. The HFEA Act required that to … Continue reading J v C and E (a Child) (Void Marriage: Status of Children): CA 15 May 2006
The court was asked how to achieve fairness in ancillary relief proceedings on a divorce as respects pension entitlements. The parties had sufficient to allow a clean break, but the assets mixture included sums invested which would be returned only as pension payments. Held: The court and parties should have taken advantage of the procedures … Continue reading Martin-Dye v Martin-Dye: CA 25 May 2006
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
FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009
In ancillary relief proceedings, the single largest relevant asset is a trust fund in which the husband has an interest. One of the questions which arises is whether, and if so to what extent, the husband’s interest under the trust is, within the meaning of section 25(2)(a) of the Matrimonial Causes Act 1973, a ‘financial … Continue reading PJC v ADC: FD 25 Jun 2009
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 court examined its jurisdiction to hear an appeal on an ancillary relief application where one party had remarried. Judges: Thorpe LJ, Wall LJ, Stanley Burnton LJ Citations: [2008] EWCA Civ 1049, [2009] 1 FLR 983, [2009] Fam Law 184 Links: Bailii Statutes: Matrimonial Causes Act 1973 28(3) Jurisdiction: England and Wales Citing: Cited – … Continue reading Whitehouse-Piper v Stokes: CA 15 Jul 2008
W appealed from rejection of her petition for divorce. The Judge held that the behaviour proved was no more than a wife could reasonably be expected to put up with, and he dismissed the petition. Judges: Cairns, Roskill, Browne LJJ Citations: [1975] EWCA Civ 1, [1975] 3 All ER 289, [1975] 1 WLR 1118 Links: … Continue reading O’Neill v O’Neill: CA 12 Mar 1975
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
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
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
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
On a divorce where there were fairly substantial sums at issue, the two parties argued for different bases for calculation of the wife’s interests, either her reasonable needs according to Duxbury tables, or otherwise to reflect the particular facts. Held: The Ogden tables should not be preferred in matrimonial proceedings. In substantial asset cases two … Continue reading Dharamshi v Dharamshi: CA 5 Dec 2000
An accountant’s professional privilege was overborne by the court, and a wider disclosure was approved. The court set a wide boundary around the scope of the documents which he was ordering the wife’s accountant to produce: ‘If the boundary is set narrow, there is the risk that information as to the nature and extent of … Continue reading D v D (Production Appointment): FD 29 Nov 1995
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
An application for maintenance pending suit could properly be made, to include payment on account of the legal costs of pursuing the action. Such legal expense were of a recurring, and income type nature. Maintenance was not confined to the day to day living expenses of an applicant. In the absence of a statutory definition, … Continue reading A v A (Maintenance Pending Suit: Provision for Legal Fees): FD 15 Nov 2000
The family had been wealthy. Assets were placed into a trust. The businesses fell into difficulty, and the parties divorced. The wife requested the court to set aside the trust. Held: The trust was to be varied as a post-nuptial settlement. The settlement had not ceased to be post nuptial merely by removal of the … Continue reading Charalambous v Charalambous: FD 5 Mar 2004
The court considered the effect of a remarriage on a financial provision order made on divorce. Sir George Baker P said: ‘The prospect, chance or hope of remarriage is, I think, irrelevant, but the fact of remarriage, which does not admit of speculation, is in my judgment, something which the court must consider in the … Continue reading H v H (Family Provision: Remarriage): CA 1975
The court considered the duty of parties in finacial relief proceedings to give full disclosure. Held: In proceedings for ancillary relief, there was a duty, both under the rules and by authority, on the parties to make full and frank disclosure of their property and financial resources; accordingly the power to set aside orders was … Continue reading Robinson v Robinson (Disclosure) Practice Note: CA 1982
Ormrod LJ said: ‘But it must be a matter entirely for the judge to look at all the facts and the financial situation of each party and taking into account the fact that they made this agreement which to my mind is a very important piece of conduct under section 25 of the Matrimonial Causes … Continue reading Brockwell v Brockwell: CA 5 Nov 1975
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
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
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
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
The parties were involved in substantial ancillary relief disputes. W now complained that H had charged his only asset within the jurisdiction, the house in which she lived, to secure his legal fees. She had already asserted a claim against it within the proceedings. The Court had already found that H had failed to disclose … Continue reading ABC v PM and Another: FC 5 Mar 2015
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
The court considered an application to vary an ancillary relief award and gave a wife more than the sum set out in the budget in circumstances where she had received a capital sum that, with hindsight, was far too low.Hale J said: ‘Where such a dramatic change in the comparative wealth of the parties takes … Continue reading Cornick v Cornick (No 2): FD 1995
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
Long delayed ancillary relief application proceeds The parties had divorced some 22 years before, but no ancillary relief order had been made to satisfy the application outlined in the petition. The parties when together had lived in relative poverty, but H had subsequently become wealthy. W applied for lump sum provision. W appealed against order … Continue reading Wyatt v Vince: SC 11 Mar 2015
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 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
Petitions with Identical Particulars Dismissed 28 divorce petitions had particulars including the exact same form of words for the allegations. The court could not accept that the behaviour had been identical and concluded that the petitions were improper. Held: The petitions were dismissed. A reference to the DPP was not necessary, Moor J [2021] EWFC … Continue reading Yorston and Others, Re (Matrimonial Causes Act 1973: Improper Petitions): FC 10 Sep 2021
Fairness is the test for choice of forum for staying divorce proceedings. As to prenuptial agreements, Wilson J suggested that there might come a case: ‘where the circumstances surrounding the prenuptial agreement and the provision therein contained might, when viewed in the context of the other circumstances of the case, prove influential or even crucial. … Continue reading S v S (Matrimonial Proceedings: Appropriate Forum) (Divorce: Staying Proceedings): FD 27 Mar 1997
W petitioned for divorce alleging that he ‘has behaved in such a way that [she] cannot reasonably be expected to live with [him]’. H defended, and the petition was rejected as inadequate in the behaviour alleged. She said that the section should be . .
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 . .
H was a wealthy businessman, but, as a member of Lloyds, he had been required to charge the family home to secure potential liabilities. Also, the company of which he was managing director had always paid out only smaller sums by way of dividends, . .
References: [2015] EWFC 32 Links: Bailii Coram: Moor J The parties were involved in substantial ancillary relief disputes. W now complained that H had charged his only asset within the jurisdiction, the house in which she lived, to secure his legal fees. She had already asserted a claim against it within the proceedings. The Court … Continue reading ABC v PM and Another; FC 5 Mar 2015
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The court was to decide before making decree if grave financial hardship suffered, and should make allowance for availability of Income Support. Citations: Ind Summary 16-Aug-1993 Statutes: Matrimonial Causes Act 1973 5(1) Jurisdiction: England and Wales Family Updated: 26 October 2022; Ref: scu.82462
Where W had substantial capital assets, but little income, and the husband’s position was the reverse, it was not open to her to plead that a divorce should be refused on the grounds of exceptional hardship. Loss of pension in this case was insufficient. Citations: Times 23-Nov-1998 Statutes: Matrimonial Causes Act 1973 5 Jurisdiction: England … Continue reading Archer v Archer: CA 23 Nov 1998
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
In an ancillary relief application, Connell J awarded to the wife assets vested in a limited company whose entire share capital was owned by the husband. Judges: Connell J Citations: [1993] 1 FLR 326 Statutes: Matrimonial Causes Act 1973 37 Jurisdiction: England and Wales Cited by: Cited – McGladdery v McGladdery CA 21-Jul-1999 A husband … Continue reading Green v Green: FD 1993
The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust. Held: A clause in the trust deed could not prevent application of the Act. The judge had been correct to … Continue reading Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement): CA 30 Jul 2004
The wife and her second husband occupied a property in the joint names of herself and of her first husband, who, following their divorce, had applied under the Act of 1973 for a lump sum order reflective of his equal beneficial interest in it to be made against her. Following her remarriage the wife countered … Continue reading Tee v Tee, John Arthur Hillman Co: CA 22 Mar 1999
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 reduced. Judges: Butler-Sloss, Thorpe, Mantell LJJ Citations: Times 13-Jul-1998, [1998] EWCA … Continue reading White v White: CA 19 Jun 1998
Application for orders in respect of financial remedies pursuant to the Matrimonial Causes Act 1973 together with consequential declaratory relief. Judges: Mrs Justice Roberts Citations: [2020] EWFC 22 Links: Bailii Jurisdiction: England and Wales Children Updated: 22 November 2022; Ref: scu.650516
The effect of an order under section 37 is to annul or ‘avoid’ the transaction under attack. Moreover, the bad intention to defeat the principal ancillary relief claim is presumed for transactions done within the three year period before the avoidance claim. There is no time limit on attackable transactions. A transaction done 20 years … Continue reading AC v DC and Others (Financial Remedy: Effect of S37 Avoidance Order) (No 1): FD 19 Jul 2012
A court has no power to make an interim order for the purchase of a house for the wife and children pending determination of the overall ancillary application. The result sought by the wife could have been achieved by application under section 17 of the Act of 1882, but ‘The power [under s.17] to order … Continue reading Wicks v Wicks: CA 29 Dec 1997
The parties had obtained an ancillary relief order by consent. That order was later varied at the request of the wife. The husband now appealed against the order saying it was not open to him to vary what had been agreed to. Judges: Thorpe, Kitchin LJJ, Baron J Citations: [2013] EWCA Civ 13 Links: Bailii … Continue reading Hamilton v Hamilton: CA 24 Jan 2013
The parties had agreed to an ancillary relief order on their divorce. The husband was made bankrupt without having paid the lump sum agreed. The former wife and now claimant had received no dividend. Debts which were not provable in the bankruptcy are not released: they are untouched by the process. The former husband now … Continue reading McRoberts v McRoberts: ChD 1 Nov 2012
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 had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
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
Applications for ancillary relief Judges: Charles J Citations: [2012] EWHC 167 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 Family Updated: 01 November 2022; Ref: scu.460516
The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. The husband sought to restore it. Held: The district judge’s findings were not so wrong (if at all) … Continue reading Foster v Foster: CA 16 Apr 2003
A transfer of property application in divorce ancillary relief proceedings was properly affected by the Local Authority’s housing policies. Citations: Times 17-Oct-1996, [1996] EWCA Civ 595 Statutes: Matrimonial Causes Act 1973 24 Jurisdiction: England and Wales Family, Housing Updated: 31 October 2022; Ref: scu.82605
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse. Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on every application under it the court must ask itself two questions: first, has reasonable … Continue reading Krubert, Re; Krubert v Davis and Others: CA 27 Jun 1996
A strictly mathematical approach to calculating ancillary relief can be inappropriate in large sum cases. The statutory jurisdiction has to provide for all applications for ancillary financial relief, from the poverty stricken to the multi-millionaire. Held: The court to reconcile existing practice wit the statute. Reasonable requirements are more extensive than needs. What a person … Continue reading Dart v Dart: CA 2 Jul 1996
Appeals under the Family Proceedings Rules had to be read in conjunction with the CCR Order 37 r 6, and the judge hearing the appeal had discretion to substitute his own view for that of the court below. This is different from what applies on appeal to the Court of Appeal. In particular the judge … Continue reading Marsh v Marsh: CA 1 Mar 1993
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
The petitioner issued a petition for divorce from the respondent, or alternatively a decree of nullity. The husband argued against both saying that the parties had not entered a marriage valid according to English law. W averred that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. … Continue reading Akhter v Khan: FC 31 Jul 2018
The parties had undergone a wedding ceremony under Islamic law, but not one which would constitute a marriage under UK law. H had been actively seeking to regularise the position as a matter of English law and had been advised that the parties needed to divorce and re-marry abroad to create a marriage which would … Continue reading A-M v A-M (divorce: jurisdiction: validity of marriage): FD 2001
Citations: [2013] EWHC 3864 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 37(2)(b) Jurisdiction: England and Wales Family Updated: 15 October 2022; Ref: scu.519675
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 wife said that she had not got a good bargain in an agreement settling ancillary relief applications. Held: The court must have regard to s.25 of the Matrimonial Causes Act, but also to: ‘Conduct of the parties in all the circumstances . . (which) must include the fact of and the nature of an … Continue reading Dean v Dean: FD 1978
Judges: Mr Justice Mostyn Citations: [2021] EWFC 23 Links: Bailii Statutes: Matrimonial Causes Act 1973 27 Jurisdiction: England and Wales Family Updated: 27 September 2022; Ref: scu.659475
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). Citations: [1980] 1 WLR 4 Statutes: Matrimonial Causes Act 1973 23 … Continue reading Ward v Ward and Greene: 1980
Consent orders had been made for maintenance and financial provision. The House was now asked whether the former wife could seek a property adjustment order of a type that had been sought in her petition but had not been made by the consent orders. Held: The House accepted, that: ‘subject to the provisions of that … Continue reading Dinch v Dinch: HL 1987
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 performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
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
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 claimant was advised to accept a consent order that his wife should pay him a capital sum in the divorce, but by instalments. The wife later successfully applied to have the sum reduced. He sought to claim against his former solicitors for not advising him of this risk. Held: The claim failed. At the … Continue reading Westbury v Sampson: CA 23 Mar 2001
Judges: Moylan J Citations: [2009] EWHC 3076 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 31 Family Updated: 28 August 2022; Ref: scu.426854
When considering an application for ancillary relief by a wife, the court should consider the wife’s position, ‘not from the narrow point of ‘need’, but to ascertain her reasonable requirements.’ Judges: Ormrod LJ Citations: [1976] Fam 83 Statutes: Matrimonial Causes Act 1973 Jurisdiction: England and Wales Cited by: Cited – White v White HL 26-Oct-2000 … Continue reading O’D v O’D: CA 1976
In an ancillary relief application, there was enough capital to provide adequately for both husband and wife. Held: When considering the needs and obligations of the parties a broad view could be taken: (Ormrod LJ) ‘In a case such as this ‘needs’ can be regarded as equivalent to ‘reasonable requirements’, taking into account the other … Continue reading Page v Page: CA 1981
The court considered the provision to be made under the 1975 Act for a surviving spouse: ‘In his argument in this court Mr. Vane relied strongly on s 3(2) and referred us to a recent case in this court, Moody v. Stevenson, a decision of Mustill LJ and Waite J which appears to give great … Continue reading Jessop v Jessop: CA 2 Jan 1992
In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into account by the court. ‘In an application under section 25 of the Matrimonial Causes Act 1973 the court is directed, so far as it is practicable and is … Continue reading Re Besterman, decd: CA 1984
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
The word ‘property’ in the section refers only to property in which one or other of the parties has a beneficial interest, and the words ‘deal with’ relate to acts of dealing, not a lack of dealing with. Citations: [1990] 2 FLR 361, Times 12-Apr-1990 Statutes: Matrimonial Causes Act 1973 37(2)(a) Jurisdiction: England and Wales … Continue reading Crittenden v Crittenden: CA 12 Apr 1990
The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no jurisdiction to make an award arose. Held: The court considered the application of section … Continue reading Moody v Stevenson: CA 12 Jul 1991
Judges: Bruce Blair QC J Citations: [2008] EWHC 2553 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 31 Jurisdiction: England and Wales Family Updated: 30 July 2022; Ref: scu.347364
The husband appealed against an ancillary relief order, and particularly as to an order that he should continue to pay maintenance for the joint lives of the parties rater than for five years. He was earning a substantial income but anticipated that he might lose that income within a few years. The court had said … Continue reading S v S: FD 19 Mar 2008
Judges: Charles J Citations: [2008] EWHC 2214 (Admin) Links: Bailii Statutes: Matrimonial Causes Act 1973 Jurisdiction: England and Wales Family, Crime Updated: 19 July 2022; Ref: scu.276528
A husband earning pounds 41,000 per year had been ordered to pay maintenance to his wife at pounds 18,000pa and for children at pounds 7956pa reduced to half his earnings at pounds 1,000 per month. There is a need always to judge the award against s25 checklist. Adjusted approach was conventional. Citations: Gazette 18-Nov-1998, [1998] … Continue reading Scheeres v Scheeres: CA 23 Sep 1998
The husband had been convicted of trafficking in cannabis, and an order had been made confiscating his assets. His wife had already petitioned for divorce and begun ancillary relief proceedings. She claimed that her interest in the house under section 24 of the Act was protected. The receiver sought sale of the house to recover … Continue reading Commissioners of Customs and Excise v A; A v A: FD 18 Apr 2002
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
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
W sought an order under s37 of the 1973 Act restraining H in divorce proceedings from disposing of or dealing with 300,000 pounds, or one half of his severance pay, whichever was the greater, pending determination of the ancillary relief proceedings. Held: The terms of s37 had not been satisfied. But, relying on Roche, it … Continue reading Shipman v Shipman: FD 1991
An award was made for the husband to pay 50% of maximum lump sum and periodical payments of half pension income and other payments. This reflected the wife’s contribution through the marriage, allowing the husband to build his business. Citations: Gazette 24-Mar-1999 Statutes: Matrimonial Causes Act 1973 25B 25C 25D Jurisdiction: England and Wales Family … Continue reading Burrows v Burrows: FD 24 Mar 1999
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
Application under section 27 of the Matrimonial Causes Act 1973: ‘That section of the act was recently described in the Supreme Court as ‘moribund’. This case has demonstrated that that is not necessarily the case.’ Judges: Booth HHJ Citations: [2015] EWHC B24 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 27 Jurisdiction: England and Wales … Continue reading H v H: FD 27 Nov 2014
In an ancillary relief action it had been anticipated that the husband would at a future time inherit a substantial amount. An order was made but an express order for a capital sum was adjourned. The wife then remarried, and later, and after the wife’s second marriage had come to an end, the former husband … Continue reading K (formerly G) v G: FD 28 Jan 2004
