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S v S: FD 1986

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

Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005

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

Hammoud v Zawawi: FD 15 Mar 2019

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: [2019] EWHC 839 (Fam) Links: Bailii Statutes: Matrimonial and Family Proceedings Act 1984 Jurisdiction: England and Wales Family Updated: 18 June 2022; Ref: scu.635809

Gojkovic v Gojkovic (No 2): CA 1 Apr 1991

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

Re Bunning, deceased; Bunning v Salmon: ChD 1984

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: [1984] 1 Ch 480, [1984] 3 WLR 265, [1984] 3 All ER 1 Statutes: Inheritance (Provision for Family … Continue reading Re Bunning, deceased; Bunning v Salmon: ChD 1984

CB v EB: FC 16 Nov 2020

Exceptional circumstances to support application to vary financial remedies order made on divorce. Judges: Mostyn J Citations: [2020] EWFC 72, [2020] 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

Kapur v Kapur: FD 1984

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: [1984] … Continue reading Kapur v Kapur: FD 1984

K (REMO – Power of Magistrates to Issue Bench Warrant): FC 12 May 2017

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

Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014

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

Z v Z (Financial Provision: Overseas Divorce): FD 1992

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

S v S (Financial Provision: Post-divorce Cohabitation): FD 1994

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

M v M (Financial Provision after Foreign Divorce): 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

M v M and Others: FD 14 Aug 2013

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: [2013] EWHC 2534 (Fam) Links: Bailii Jurisdiction: England and Wales Family Updated: 03 February 2022; Ref: scu.514462

Aldoukhi v Abdullah: FD 18 Nov 2021

Judges: Mr Justice Moor Citations: [2021] 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

Hasan v Ul-Hasan (Deceased) and Another: FD 2 Jul 2021

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

Newgate Stud Company, Newgate Stud Farm Llc v Penfold, Penfold Bloodstock Limited: ChD 21 Dec 2004

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

Kremen v Agrest (No11): FD 19 Jan 2012

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

Juffali v Juffali: FD 30 Jun 2016

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

L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007

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

Cutts v Head and Another: CA 7 Dec 1983

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

Jenkins v Livesey (formerly Jenkins): HL 1985

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

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

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

Pettitt v Pettitt: HL 23 Apr 1969

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

K, Regina v: CACD 28 Jul 2009

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

CS v ACS and Another: FD 16 Apr 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

Van den Boogaard v Laumen: ECJ 27 Feb 1997

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

Al-Juffali v Estrada: CA 22 Mar 2016

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

White v Withers Llp and Dearle: CA 27 Oct 2009

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

Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010

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

More Recent Cases

This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.

Potanina v Potanin: CA 13 May 2021

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 . .

Thomas v Thomas: CA 2 May 1995

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, . .

Moore v Moore: CA 20 Apr 2007

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 . .

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 an order setting aside a charge granted by H over property. In previous hearing the court had found that H . .

Stack v Dowden: CA 13 Jul 2005

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 . .

Birch v Birch: SC 26 Jul 2017

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 . .

Rapisarda v Colladon (Irregular Divorces); FC 30 Sep 2014

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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