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
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  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
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
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
Final substantive hearing of a former wife’s claim under Part III of the Matrimonial and Family Proceedings Act 1984 for financial relief after an overseas divorce. Judges: Holman J Citations:  EWHC 839 (Fam) Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 18 June 2022; Ref: scu.635809
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
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
Vinelott J calculated that the maximum award which the widow would have received in matrimonial proceedings to be 36,000 pounds. Yet on an application under the 1975 Act he awarded her 60,000 pounds. Judges: Vinelott J Citations:  1 Ch 480,  3 WLR 265,  3 All ER 1 Statutes: Inheritance (Provision for Family … Continue reading Re Bunning, deceased; Bunning v Salmon: ChD 1984
Exceptional circumstances to support application to vary financial remedies order made on divorce. Judges: Mostyn J Citations:  EWFC 72,  WLR(D) 620 Links: Bailii, WLRD Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Cited by: Cited – V v W FC 2-Dec-2020 FDR Appointment Must Remain Confidential XYZ had been appointed … Continue reading CB v EB: FC 16 Nov 2020
Both parties sought a variation of a maintenance order. The former husband sought to be allowed to pay a sufficient capital sum to his former wife to commute the payment in her favour. Held: Provided the sum could be paid and the result would not prejudice the arrangements for the children the variation sought by … Continue reading S v S: FD 1986
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 husband had petitioned for divorce. He came to England only in August 1981, and had only limited leave to stay. The court considered whether the court had jurisdiction. Held: There was no significant difference for this purpose between ‘ordinary’ and ‘habitual’ residence. The court had jurisdiction under the section. Judges: Bush J Citations:  … Continue reading Kapur v Kapur: FD 1984
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
Cohabitation after a foreign clean break provisions does not allow a renewed application. The order of the foreign court was to be respected despite the attempted reconciliation. Citations: Gazette 09-Nov-1994, Independent 07-Oct-1994,  1 All ER 472 Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 08 April 2022; Ref: scu.81352
Judges: Mr Justice Williams Citations:  EWHC 932 (Fam) Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 13 Jurisdiction: England and Wales Family Updated: 06 April 2022; Ref: scu.639750
Appeal from lump sum order in ancillary financial relief proceedings. Citations:  EWCA Civ 1429 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 30 March 2022; Ref: scu.595820
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
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:  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:  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
Application by the wife for an order for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 following her divorce in Russia from her husband. Judges: Mrs. Justice Eleanor King DBE Citations:  EWHC 2534 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 03 February 2022; Ref: scu.514462
Judges: Roberts J Citations:  EWHC 1720 (Fam),  2 FLR 456,  Fam Law 1085 Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 03 February 2022; Ref: scu.567038
Purchas LJ said: ‘the phrase ‘substantial ground for the making of an application for such an order’ is clearly central to the issues in this application . . [i]n particular when the court comes to consider such an application, it will have to take into account under s. 16(1) whether in all the circumstances of … Continue reading Holmes v Holmes: CA 1989
Summons issued in the context of proceedings brought by AG (the wife ‘W’) for financial remedy orders in proceedings brought under Part III Matrimonial and Family Proceedings Act 1984 against VD (the husband ‘H’). By his summons, H seeks an order that W produces the files of her previous legal advisors. Judges: Cohen J Citations: … Continue reading AG v VD: FD 10 Jul 2020
Judges: Mr Justice Moor Citations:  EWHC 3086 (Fam) Links: Bailii Statutes: Trusts of Land and Appointment of Trustees Act 1996, Matrimonial and Family Proceedings Act 1984 Part III Jurisdiction: England and Wales Family, Trusts Updated: 03 February 2022; Ref: scu.669920
Judges: Moylan J Citations:  EWHC 1895 (Fam) Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 29 January 2022; Ref: scu.573697
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:  EWHC 1791 (Fam),  WLR(D) 370,  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
Application for financial relief under the 1984 Act. Hayden J  EWHC 213 (Fam) Bailii Matrimonial and the Family Proceedings Act 1984 England and Wales Family Updated: 10 January 2022; Ref: scu.560258
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
‘cross-applications for financial remedies. Unusually, they are brought, by consent, pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (‘the 1984 Act’), although both parties are agreed that I should approach the case in exactly the same way as if I was hearing a normal application for financial provision.’ Moor J  … Continue reading ZA v AS: FD 31 Jul 2014
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 court was asked as to the operation of section 10 of the 1984 Act where the marriage had been dissolved abroad. W had obtained an order under the 1984 Act though the parties had divorced in Nigeria. Held: Leave was granted and the Husband’s appeal allowed. Section 16 was to be used purposively,and a … Continue reading Agbaje v Agbaje: CA 20 Jan 2009
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
Financial Remedy: Non-Disclosure: Post-Nuptial Agreement Mostyn J  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  EWHC 1684 (Fam),  WLR(D) 380,  4 WLR 119,  1 FLR 729,  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
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
Moylan J  EWHC 4210 (Fam) Bailii Matrimonial and Family Proceedings Act 1984 England and Wales Family Updated: 06 December 2021; Ref: scu.547105
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
The parties had negotiated through solicitors a compromise of ancillary relief claims on their divorce. They agreed that the house should be transferred to the wife in consideration of her release of all other financial claims. The wife however became engaged to a new partner before the consent order was made, and remarried two days … Continue reading Jenkins v Livesey (formerly Jenkins): HL 1985
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
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  EWCA Civ 176,  WLR(D) 163,  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 . .
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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Judgment on application to set aside leave to apply for financial relief pursuant to Part III Matrimonial and Family Proceedings Act 1984. . .
Part III of the Matrimonial and Family Proceedings Act 1984 (‘Part III’) provides (subject to jurisdictional requirements set out in s.15) for the making of an application for financial relief following an overseas divorce. An order can be made . .
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, . .
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 . .
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 . .
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 . .
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 . .
Application for permission to appeal. . .
The former husband appealed against an order made on the basis that his transfer of a company shareholding was a sham. . .
W sought interim periodical payments. . .
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 . .
The parties purchased a property together. The transfer contained a survivorship restriction but no declaration of the beneficial interests. The judge had held the property to be held as tenants in commn on equal shares.
Held: In a case where . .
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 . .
The husband sought an order under section 13 after the parties had been divorced in Switzerland. . .
Application by the respondent husband to set aside a grant of leave under Part III of the Matrimonial and Family Proceedings Act 1984 to apply for financial relief . .
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 . .
References:  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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