The court was asked whether for the purposes of English divorce and connected proceedings a Talaq pronounced by the respondent husband in Saudi Arabia and placed by Deed of Confirmation before the Sharia Court is entitled to be afforded recognition in this jurisdiction. The parties had married in England. Held: It was to be recognised: … Continue reading H v S: FD 18 Nov 2011
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
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
W sought interim periodical payments. Judges: King J Citations: [2011] EWHC 3574 (Fam), [2010] EWHC 2817 (Fam), [2011] Fam Law 469, [2011] 1 FLR 1773 Links: Bailii, Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 03 September 2022; Ref: scu.430389
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
Renewed application for leave to appeal against order made under 1984 Act. Judges: Wall, Wilson LJJ Citations: [2007] EWCA Civ 681 Links: Bailii Statutes: Matrimonial Proceedings and Property Act 1984 Jurisdiction: England and Wales Cited by: Leave – Agbaje v Agbaje CA 20-Jan-2009 The court was asked as to the operation of section 10 of … Continue reading Akinnoye-Agbaje v Akinnoye-Agbaje: CA 15 Jun 2007
Judges: The Honourable Mr Justice Cobb Citations: [2022] EWFC 78 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 31F(6) Jurisdiction: England and Wales Family Updated: 17 July 2022; Ref: scu.679546
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
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 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
Appeal from lump sum order in ancillary financial relief proceedings. Citations: [2017] EWCA Civ 1429 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 30 March 2022; Ref: scu.595820
Judges: Sir James Minby PFD, McFarlane, Lewison LJJ Citations: [2017] EWCA Civ 1114 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 28 March 2022; Ref: scu.591669
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 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
Judges: Roberts J Citations: [2016] EWHC 1720 (Fam), [2017] 2 FLR 456, [2016] Fam Law 1085 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 03 February 2022; Ref: scu.567038
Whether the unadjudicated claim by the wife under Part III survives the death of the husband and can be continued against his estate. Judges: Mostyn J Citations: [2021] EWHC 1791 (Fam), [2021] WLR(D) 370, [2021] 3 WLR 989 Links: Bailii, WLRD Statutes: Matrimonial and Family Proceedings Act 1984 Part III Jurisdiction: England and Wales Family … Continue reading Hasan v Ul-Hasan (Deceased) and Another: FD 2 Jul 2021
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
The claimants sought damages from the defendant. He had been employed to manage their horse-racing activities, and it was alleged that he had made secret profits. The defendant denied any dishonesty, saying all matters were known to the deceased principal of the claimants. Held: The defendant had withheld disclosure of his possible personal interests in … Continue reading Newgate Stud Company, Newgate Stud Farm Llc v Penfold, Penfold Bloodstock Limited: ChD 21 Dec 2004
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 parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said that the information was subject to professional legal privilege and was otherwise confidential. They had admitted … Continue reading L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007
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
Rule Against Appeal was Ultra Vires W had applied to have set aside the consent order made on her ancillary relief application accusing the husband of material non-disclosure. She complained that her application to have the order varied had been refused on the ground that her only remedy was in an appeal. Held: The appeal … Continue reading CS v ACS and Another: FD 16 Apr 2015
ECJ If the reasoning of a decision rendered in divorce proceedings shows that the provision which it awards is designed to enable one spouse to provide for himself or herself, or if the needs and resources of each of the spouses are taken into consideration in the determination of its amount, the decision will be … Continue reading Van den Boogaard v Laumen: ECJ 27 Feb 1997
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, 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 . .
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
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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, . .
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