Judges: Thorpe, Black LJJ, Hedley J Citations: [2012] EWCA Civ 1507, [2013] 1 FLR 1493, [2012] WLR(D) 337, [2013] Fam Law 394, [2013] 1 FCR 467, [2013] Fam 267, [2013] 2 WLR 1255 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 12 Jurisdiction: England and Wales Citing: Approved – Dukali v Lamrani FD 15-Mar-2012 … Continue reading Sharbatly v Shagroon: CA 21 Nov 2012
W (former) had obtained leave ex parte to seek financial relief, and the former H now requested that that leave be set aside. H and W had been divorced in California. W had signed a ante-nuptial agreement. W was now resident here. H argued that England was not the appropriate venue under section 16. Held: … Continue reading Hewitson v Hewitson: CA 6 Oct 1994
When considering an application for financial relief after an overseas divorce, the court should look at the issues which might arise under section 18 of the 1984 Act if leave were granted. In considering whether there is substantial ground for making an application the likely outcome of the application, if made, has to be highly … Continue reading Z v Z (Financial Provision: Overseas Divorce): FD 1992
Citations: [1994] 1 FLR 228 Statutes: Matrimonial and Family Proceedings Act 1984 12 16 Jurisdiction: England and Wales Cited by: Doubted – Hewitson v Hewitson CA 6-Oct-1994 W (former) had obtained leave ex parte to seek financial relief, and the former H now requested that that leave be set aside. H and W had been … Continue reading S v S (Financial Provision: Post-divorce Cohabitation): FD 1994
Citations: [1994] 1 FLR 399 Statutes: Matrimonial and Family Proceedings Act 1984 12 16 Jurisdiction: England and Wales Cited by: Cited – Hewitson v Hewitson CA 6-Oct-1994 W (former) had obtained leave ex parte to seek financial relief, and the former H now requested that that leave be set aside. H and W had been … Continue reading M v M (Financial Provision after Foreign Divorce): 1994
The family were wealthy, and had lived for some time in Spain. On the breakdown of the marriage, the wife returned to the UK, and sought ancillary relief here, though the divorce had been in Spain. The husband argued that this should be dealt with by a Spanish court. Held: The court could not understand … Continue reading Moore v Moore: CA 20 Apr 2007
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
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 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
Judges: Wilson LJ Citations: [2011] EWCA Civ 528 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 13 17 Jurisdiction: England and Wales Cited by: Leave – Golubovich v Golubovich CA 30-Mar-2011 The court considered an application under 51(3)(c) of the 1986 Act to refuse to recognise a foreign decree of divorce. Held: The appeal … Continue reading Golubovich v Golubovich: CA 3 Mar 2011
Application for permission to appeal. Judges: Black LJ Citations: [2011] EWCA Civ 259 Links: Bailii Statutes: Family and Matrimonial Proceedings Act 1984 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 … Continue reading Agrest and Another v Kremen: CA 24 Jan 2011
The husband sought an order under section 13 after the parties had been divorced in Switzerland. Judges: Mostyn J Citations: [2010] EWHC 1062 (Fam), [2010] Fam Law 906, [2010] 2 FLR 1790 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 13 Jurisdiction: England and Wales Cited by: Cited – Schofield v Schofield CA 2-Feb-2011 … Continue reading CG v IF: FD 12 May 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 an order setting aside a charge granted by H over property. In previous hearing the court had found that H had been motivated by extreme malice toward W and his … Continue reading Kremen v Agrest: FD 15 Oct 2010
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of andpound;1 million. The judge made no order as to costs after the date … Continue reading Gojkovic v Gojkovic (No 2): CA 1 Apr 1991
The husband had left the wife for another woman. Adultery by the husband was not a ground for divorce absent aggravating circumstances, such as incest. The parties had entered into a deed of separation under which the husband had paid two lump sums and agreed to make weekly payments of andpound;20 for the life of … Continue reading Hyman v Hyman: 1929
The court considered the way of distributing property purchased by an unmarried couple: ‘When such a relationship comes to an end, just as with many divorced couples, there are likely to be disputes about the distribution of shared property. How are such disputes to be decided? They cannot be decided in the same way as … Continue reading Walker v Hall: CA 1984
Where a divorce had been in a competent foreign court between parties then living there, and the ancillary relief had been granted by that court, an application to enforce the ancillary relief order should first be made to the original court, and not to an English court merely because one of the parties now lived … Continue reading Jordan v Jordan: CA 29 Jul 1999
Whether magistrates sitting in the Family Court have the power to issue a warrant for the arrest of an alleged maintenance debtor who has failed to obey an order to attend for questioning as to his means. Held: They did, though in this case personal service of the order had not yet been achieved and … Continue reading K (REMO – Power of Magistrates to Issue Bench Warrant): FC 12 May 2017
The Court was asked ‘Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouse’s application to set aside a financial order in divorce proceedings on the … Continue reading Gohil v Gohil: SC 14 Oct 2015
The claimant was the first wife of the deceased. She said that the deceased had promised her a substantial cash sum in his will in return for not pursuing him for arrears of maintenance. The will made no such provision, and she sought payment from the estate. It was argued that the agreement was unenforceable. … Continue reading Soulsbury v Soulsbury: CA 10 Oct 2007
The wife appealed against rejection of her claim under the 1984 Act after the parties had been divorced in Germany. The German court had had no jurisdiction to make an award which took account of the husband’s british army pension. Held: The appeal was dismissed. Mostyn J in CG had correctly identified the applicable principles. … Continue reading Schofield v Schofield: CA 2 Feb 2011
Financial Remedy: Non-Disclosure: Post-Nuptial Agreement Mostyn J [2012] EWHC 45 (Fam) Bailii Matrimonial and Family Proceedings Act 1984 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 (No11): FD 19 Jan 2012
Application by a former wife for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 Mrs Justice Roberts [2016] EWHC 1684 (Fam), [2016] WLR(D) 380, [2016] 4 WLR 119, [2017] 1 FLR 729, [2016] Fam Law 1086 Bailii, WLRD England and Wales Family Updated: 12 December 2021; Ref: scu.566833
The court considered its ability to vary a consent order, made in 1982 on the divorce, which provided for the sale of the matrimonial home ten years later in 1992 and for the equal division of the proceeds of sale. Periodical payments were to be made to the wife and the two children who remained … Continue reading Peacock v Peacock: FD 1991
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
Evidence Needed to Share Benefical Inerests The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it. Held: The principles apply to any case where a beneficial interest in land is claimed by a person, whether spouse or stranger, … Continue reading Gissing v Gissing: HL 7 Jul 1970
H has no right to sexual intercourse with W – rape The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left their matrimonial house and gone to her … Continue reading Regina v R: HL 23 Oct 1991
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
A husband and wife disputed ownership of the matrimonial home in the context of the presumption of advancement.Lord Reid said: ‘These considerations have largely lost their force under present conditions, and, unless the law has lost its flexibility so that the courts can no longer adapt it to changing conditions the strength of the presumption … Continue reading Pettitt v Pettitt: HL 23 Apr 1969
The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009
The appellant husband appealed agains the refusal of the court to strike out the claim for financiall relief requested on the ground that the appellant had diplomatic immunity as Permanent Representative of St Lucia to the International Maritime Organisation. Lord Dyson MR, King LJ, Hamblen LJ [2016] EWCA Civ 176, [2016] WLR(D) 163, [2017] 1 … Continue reading Al-Juffali v Estrada: CA 22 Mar 2016
H and W separated and in 1976, without any pressure H and at the instigation of W, signed a deed of separation negotiated through solicitors. H agreed to purchase a house for W, to confer on her capital benefits worth approximately andpound;100,000, to pay her andpound;16,000 a year and to make periodical payments for the … Continue reading Edgar v Edgar: CA 23 Jul 1980
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 had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in poverty or to return to Nigeria against her wishes. … Continue reading Agbaje v Akinnoye-Agbaje: SC 10 Mar 2010
Jurisdiction in Cross border divorce The parties had divorced in Italy. After the wife sought possession of her house in London where H lived, he appealed against refusal of leave to apply for an order under the 1984 Act, the court having found insufficient substantial grounds for allowing the application to go ahead. Held: Leave … Continue reading Traversa v Freddi: CA 14 Feb 2011
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
The court considered how orders for costs were to be made in ‘big money’ cases.
Held: There were two sets of rules. Cases should be considered by first applying the Civil Procedure Rules. This would allow the court to consider the full range . .
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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: [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
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