ABC v PM and Another; FC 5 Mar 2015

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 had already found that H had failed to disclose substantial offshore assets. H now appealed against an order stting the charge aside.
Statutes: Matrimonial Causes Act 1973
This case cites:

  • Cited – Robinson -v- Robinson (Practice Note) CA ([1982] 2 WLR 146, [1983] Fam 52)
    The husband was a serving soldier who had had various postings abroad. The wife returned home, where she discovered that she was pregnant. He followed her home, but she left him, and applied for maintenance. The justices found that she had deserted . .
  • Cited – Kemmis -v- Kemmis (Welland and Others Intervening) CA ([1988] 1 WLR 1307, [1988] 2 FLR 223)
    H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside.
    Held: The application . .
  • Cited – Kremen -v- Agrest FD (Bailii, [2010] EWHC 2571 (Fam), [2011] 2 FLR 478, [2011] Fam Law 567)
    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 . .