The entry of the name and titles of persons in a church book, either for marriages or births, cannot be positive evidence of the marriage or birth of any person ; unless the identity of the person named in such entries is fully proved, and strengthened also with circumstances of co-habitation, or the allowance of parties.
[1718] EngR 68, (1718) 3 Bro PC 564, (1718) 1 ER 1501
England and Wales
Updated: 12 April 2022; Ref: scu.390552
Which was an action upon a contract of marriage per verba de futuro, brought by the gentleman against the lady, who pleaded non assumpsit. When the plaititiff had opened his case, the defendant offered in evidence a sentence of the Spiritual Court in a cause of contract, where the Judge had pronounced against the suit for a solemnization in the face of the church, and declared Mrs. Villa Real free from all contract. And the Chief Justice held this to be proper and conclusive evidence on non assumpsit ; that it waa a cause within their jurisdiction, though the contract was per verba de futuro, and though the suit there is diverso intuitu, being for a specific performance, as far as admonition will go, and this for damages. Yet contract or no contract is the point in issue in both. And the plaintiff was nonsuit.
[1795] EngR 970, (1795) 2 Str 961, (1795) 93 ER 968 (D)
England and Wales
Updated: 12 April 2022; Ref: scu.353315
[1823] EngR 823, (1823) Turn and R 445, (1823) 37 ER 1172
England and Wales
Updated: 12 April 2022; Ref: scu.328863
Wall J
[2000] 2 FCR 193
England and Wales
Cited – X and Y, Re Bundles FD 22-Aug-2008
The court considered the continuing failure of parties to follow the requirements as to preparation of court bundles, and particularly in urgent applications: ‘This continuing failure by the professions to comply with their obligations is simply . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.272842
[2001] 1 WLR 1253
England and Wales
Cited – In re G (a Child) (Contempt: Committal) CA 10-Apr-2003
The appellant had been made subject to a suspended committal to prison. He was involved with children proceedings, and had published details on the Internet which would make the social worker traceable.
Held: Where a contempt was not committed . .
Cited – Hammerton v Hammerton CA 23-Mar-2007
The husband appealed against his committal for contempt of a court order in family proceedings. The court had heard the wife’s application for his committal at the same time as his application for contact with the children.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.250481
Ordinary contractual considerations apply to the interpretation of a settlement of an ancillary relief application.
Times 02-Dec-1976
England and Wales
Cited – Xydhias v Xydhias CA 21-Dec-1998
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.242422
The applicant sought payment of benefits. She was an asylum seeker but had married after arrival. It seemed to be a marriage of convenience, and had been deemed such by the Home Secretary for the purposes of her intended repatriation.
Held: Family law recognised no status of a marriage of convenience. She was deemed to be properly, married, and the rules aplied on that basis. As a dependent asylum seeker she was not entitled to benefits unless refusal would constitute an infringement of her human rights.
Silber J
Times 14-May-2003
National Immigration and Asylum Act 2002 54
England and Wales
Updated: 12 April 2022; Ref: scu.182211
The term ‘rights in property arising out of a matrimonial relationship’ within the meaning of the second paragraph of article 1 of the Convention, includes not only property arrangements specifically and exclusively envisaged by certain national legal systems in the case of marriage but also any proprietary relationships resulting directly from the matrimonial relationship or the dissolution thereof. Judicial decisions authorizing provisional protective measures – such as the placing under seal or the freezing of the assets of the spouses – in the course of proceedings for divorce do not fall within the scope of the convention as defined in article 1 thereof if those measures concern or are closely connected with either questions of the status of the persons involved in the divorce proceedings or proprietary legal relations resulting directly from the matrimonial relationship or the dissolution thereof. In relation to the matters covered by the convention, no legal basis is to be found therein for drawing a distinction between provisional and definitive measures.
C-143/78
Convention Of 27 September 1968 On Jurisdiction And The Enforcement Of Judgments
Cited – Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement) CA 30-Jul-2004
The parties had been wealthy. Whilst still married, substantial sums had been placed in a trust. Their business interests had crashed and both faced personal bankruptcy. The husband appealed an order setting aside the trust.
Held: A clause in . .
See Also – Louise De Cavel v Jacques De Cavel. ECJ 6-Mar-1980
. .
Lists of cited by and citing cases may be incomplete.
Updated: 10 April 2022; Ref: scu.132727
A Talaq pronounced in the UK on a first marriage didn’t make a second marriage monogamous.
Gazette 15-Jun-1994
England and Wales
Updated: 10 April 2022; Ref: scu.90485
A bigamist is unable to claim ancillary relief in the second marriage; would be against public policy. Since bigamy was a serious crime which undermined fundamental notions of monogamous marriage, the Court would not as a matter of public policy entertain an application for financial relief under the Matrimonial Causes Act 1973 from a person who had knowingly contracted a bigamous marriage since that would allow the bigamist to profit from her crime. Ward LJ echoed that bigamy is ‘an outrage upon public decency by the profanation of a solemn ceremony’ and ‘Where the criminal act undermines our fundamental notions of monogamous marriage I would be slow to allow a bigamist then to assert a claim, an entitlement at which she only arrives by reason of her offending. It is obviously proper that the Act of 1973 should afford the innocent party to a bigamous marriage relief. Where an applicant entered into another ‘marriage’ genuinely and reasonably believing he or she was free to do so, and was therefore innocent of the crime of bigamy, that person too may have an entitlement, though that is not the matter for us to consider today.
Today we have this respondent seeking to profit from the crime. Her claim derives from the crime. Without her having entered into this bigamous ceremony she would not have got to the judgment seat at all. She should now, in my judgment, be prevented from going any further.’
Henry LJ: ‘This case falls squarely within the principle that as a matter of policy the court will not lend its aid to one who, to succeed, must found her claim on a criminal offence of sufficient gravity, as this crime of bigamy in my judgment was.’
Russell LJ: ‘Bigamy is a crime which, of course, involves mens rea. There is no such person as an innocent bigamist. Bigamy, as opposed to mere cohabitation, strikes at the very heart of the institution of marriage. In these circumstances, the fact that this respondent has contracted a bigamous marriage would be a necessary foundation for her claim for financial relief under the Matrimonial Causes Act 1973.
For a litigant to have to rely upon his or her criminal behaviour in order to get a claim on its feet is, in my judgment, offensive to the public conscience and contrary to public policy.’
Russell LJ: ‘Bigamy is a crime which, of course, involves mens rea. There is no such person as an innocent bigamist. Bigamy, as opposed to mere cohabitation, strikes at the very heart of the institution of marriage. In these circumstances, the fact that this respondent has contracted a bigamous marriage would be a necessary foundation for her claim for financial relief under the Matrimonial Causes Act 1973.
For a litigant to have to rely upon his or her criminal behaviour in order to get a claim on its feet is, in my judgment, offensive to the public conscience and contrary to public policy.’
Ward, Henry and Russell LJJ
Ind Summary 08-May-1995, [1995] Fam 198
Matriminial Causes Act 1973 25(2)(g)
England and Wales
Distinguished – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Binding – Sudershan Kumar Rampal v Surendra Rampal CA 19-Jul-2001
The parties were divorced, but when the husband applied for ancillary relief, the wife petitioned for nullity on the basis that the marriage was bigamous. The husband countered that she had known that his first marriage had only ended after this . .
Cited – Witkowska v Kaminski ChD 25-Jul-2006
The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She appealed an order which would be enough to allow her to live in Poland, but not in England. She said . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 April 2022; Ref: scu.90449
Where in a divorce the parties had gone through the financial dispute resolution but that had failed and the parties turned to the courts to resolve the dispute it was helpful and appropriate, particularly in high value cases, to expand on the background information to illustrate the parties respective contributions, the genesis of current resources and the standard of living during the marriage.
Times 15-Mar-2000
England and Wales
Updated: 10 April 2022; Ref: scu.90215
Judge may make an order for reserved costs even though this had not been requested at an earlier interlocutory hearing.
Times 23-Feb-1995, Ind Summary 27-Mar-1995
Updated: 10 April 2022; Ref: scu.88955
The court gave directions as to the extension of the new ancillary relief procedures to all family courts, and clarified the duties of parties taking part in dispute resolution appointments, to make real attempts to reach settlements, and to acknowledge that no part of such procedure would later be admissible. The court also emphasised the need to comply with the pre-application protocols.
Times 04-Jul-2000
Updated: 09 April 2022; Ref: scu.84943
Sets out substantial limits and new procedures applicable in Family Division.
Gazette 01-Mar-1995
Updated: 09 April 2022; Ref: scu.84947
New pilot directions for procedures in ancillary relief applications – FDRs.
Times 30-Sep-1996
Updated: 09 April 2022; Ref: scu.84937
New and future practice directions as to costs under the Civil Procedure Rules should be applied as appropriate to family proceedings and proceedings in the Family Division. The significant difference remained as to systems of funding, and it remains the case that enforceable conditional fee arrangements will not apply in family cases.
Times 24-Oct-2000
Updated: 09 April 2022; Ref: scu.84884
The President of the Family Division handed down a Practice Direction on the need to avoiding delay and waste of costs in family proceedings. The courts would be free to take greater control of cases. A party who fails to conduct a matter economically could be subject to a wasted costs order. The court would exercise more readily the powers to limit pleadings, discovery, the length of submissions and cross examinations and otherwise. Unless directed a party’s written statement should stand instead of oral evidence, and oral evidence should be restricted to material matters of fact, save for experts. Parties had a duty to the court to give full and frank disclosure in ancillary relief and children matters. The court set down standards for bundles to be used save in the simplest cases, including their supply to the court. Cases expected to last five days or more should have pre-trial reviews at which the intended advocates and judge should attend. Parties should supply to the court a list of the central documents in cases where there was no core bundle. The direction applied in the Family Division and was intended to mirror similar directions in other divisions.
Sir Stephen Brown P
Times 08-Feb-1995
Updated: 09 April 2022; Ref: scu.84885
Family Dispute Resolution hearings are confidential; matters disclosed not to be used outside those hearings.
Times 15-Jul-1997
Updated: 09 April 2022; Ref: scu.84886
The direction deals with the circumstances in which the officer who makes an arrest in family proceedings for the breach of a non-molestation or similar order should be asked to attend court personally on the hearing regarding that breach. Unless the circumstances of the arrest itself appeared to be an issue, or unless the officer could give evidence as a witness to the circumstances leading up to the arrest, the officer need not normally be called.
Times 19-Jan-2000, Gazette 03-Feb-2000
Updated: 09 April 2022; Ref: scu.84844
Appeals against Magistrates court orders are to distinguish procedures carefully.
Times 19-Dec-1994
Updated: 09 April 2022; Ref: scu.84528
In ancillary relief proceedings, where a respondent company director conceded that the assets and income of a company could be treated as his own, it could be proper to draw aside the veil of incorporation. Nevertheless the court should be careful to ensure that there were no third parties whose position could be prejudiced by the making of such an order. The power to lift the corporate veil is less clear in the Family Division. Here, however, there were genuine third party rights, including the commercial creditors and directors with fiduciary duties, who opposed the ceasing of the company’s trade. ‘[C]ompany law is predominantly concerned with parties at arm’s length in a contractual or similar relationship’ but family law is ‘concerned with the distributive power of the court as between husband and wife applying discretionary consideration to what will often be a mainly, if not entirely, family situation.’ and ‘it is quite certain that company law does not recognise any exception to the separate entity principle based simply on a spouse’s having sole ownership and control.’
Bodey made several comments about the situation: ‘Looking at the totality of the husband’s presentation, it was, in my view, sufficient to amount to a concession that he was to be treated for the purpose of the proceedings as the ultimate owner, not only of the company shares but also of the assets belonging to the companies. However, that concession cannot, in my view, be binding on the companies: he was not a director of DIL at the material time and did not, on the evidence, have the authority to bind either Board of Directors in saying that company assets could be seised and used for the satisfaction of his personal liabilities towards the wife.’ and
‘The fact that the husband purported and appeared to be able during the various ‘stay’ hearings to use and control company assets as if his own and the fact that the directors may in practice not have objected to that course whilst a stay was in place or in the offing, does not prove that in the last analysis he was able to establish and enforce against the companies the right in law to do so.
So although the earlier findings based on the husband’s concession that he was the owner of the companies are res judicata against him, they are not binding on the companies.’ and
‘Mr Aiyer has been described on behalf of the wife as a mere cipher of the husband, the implication being that he is masterminding the companies’ intervention and opposition to the seizure of its jewellery simply to assist the husband in avoiding his proper obligations to the wife. However, having seen Mr Aiyer, albeit briefly (and whilst I do not doubt he has discussed with the husband the tactical advantages of the companies fighting to retain the stock and that he is acting in line with the husband’s wishes) I conclude that, nonetheless, he is also genuinely concerned with his duty as a director to safeguard company assets.
I did not get the impression from him that the board’s resistance to the order is driven purely by instructions from the husband, nor purely by the board’s wish to help the husband in resisting payment of the lump sum order.’
Bodey J concluded: ‘At the end of the day, both companies are bona fide trading companies incorporated well before the matrimonial difficulties of the husband and wife. DIL is indeed incorporated outside this jurisdiction and the husband is not a director. It is not suggested that they are as such being used as a sham or device, albeit that their existence is very convenient to the husband. In my judgment, there do exist genuine third party rights and interests which ought to be respected, namely the interests of bona fide commercial creditors (one of them secured on the jewellery) and the position of directors who have fiduciary duties and who oppose the seizure of stock in trade. The facts of this case are far away from those of Green v Green [1993] 1 FLR 326 which Mr Pointer asks me to follow.
Applying the above proposed approach as regards lifting the corporate veil to the evidence now before me and having heard full legal argument, I come to the conclusion that this case does not fall within the necessarily circumscribed circumstances in which lifting the veil would be acceptable. However much the court may wish to assist a wife and children where a lump sum has not been paid, I am satisfied that doing so here, whensoever it may be permissible, would be a step too far in all the circumstances.’
Bodey J
Times 30-Nov-2000, [2001] 1 FCR 193, [2001] 1 FLR 673
Cited – Corbett v Corbett CA 28-Feb-2003
After an order had been made for periodical payments to the wife, the former husband entered into a new relationship, but began to get in financial difficulties, and arrears. Over the course of time, he did not make effective disclosure of his . .
Cited – Ellis v Ellis CA 24-Jun-2005
The defendant appealed a suspended committal order in respect of his failure to pay maintenance. The husband had unilaterally reduced payments at the same time as withdrawing his application to vary the order.
Held: The defendant simply piled . .
Cited – G v G and Another FdNI 25-Oct-2003
There had been a long but argumentative marriage, and the parties disputed distribution of the assets on an ancillary relief application.
Held: The husband could not claim to discount shareholdings as a minority shareholding where he also . .
Appeal from – Mubarak v Mubarak CA 2001
A judgment summons, issued was issued by the wife to enforce a lump sum order made against her husband in their divorce proceedings. The judge had performed his statutory duty which included having to satisfy himself under s. 25 of the 1973 Act of . .
See Also – Mubarak v Mubarik FD 9-May-2006
. .
See Also – Mubarak v Mubarik and others FD 12-Jan-2007
. .
See Also – Mubarak v Mubarak and others CA 17-Jul-2007
Application for leave to appeal against ancillary relief order – protracted proceedings. . .
Cited – Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian CA 30-Oct-2012
Non-resident parents in each case appealed against suspended orders of imprisonment for non-payment of child support. They argued that the procedures used were indistinguishable from those held to be human rights non-compliant in Mubarak.
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.84104
Court has the power to order the sale of family home on order to pay sequestrator’s costs. The father had removed a child from the jurisdiction, and the mother required funds to conduct litigation in Pakistan. The father having failed to comply with a court order, the sequestrator had power to sign a conveyance to raise funds as necessary
Gazette 29-Jan-1992
Updated: 09 April 2022; Ref: scu.83752
The introduction of fresh evidence to overturn a financial provision order should be allowed only in a rare case.
Gazette 29-Apr-1992
Updated: 09 April 2022; Ref: scu.83668
The court should provide reasonable rates for costs in Family Division. The registrar was right to use and apply his own knowledge of the rates charged locally in assessing what such reasonable rates would be.
Ind Summary 22-Feb-1993
Rules of the Supreme Court Ord 62 R 35
England and Wales
Updated: 09 April 2022; Ref: scu.82884
Where two solicitors who cohabited appeared on either side of a case, it was appropriate, if objection was taken, for either or both to withdraw. The cohabitation could give rise to a perception of bias. The power to remove an advocate is inherent and statutory. The freedom to choose one’s advocate is fundamental, and must be limited only with great care. An injection was unnecessary, and the court can remove the name from the court record. No formal or general rule can be set as to the circumstances in which such decisions may need to be made.
Times 27-Jul-2000, Gazette 19-Oct-2000
Updated: 08 April 2022; Ref: scu.81988
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.
Gazette 09-Nov-1994, Independent 07-Oct-1994, [1995] 1 All ER 472
Matrimonial and Family Proceedings Act 1984
England and Wales
Updated: 08 April 2022; Ref: scu.81352
Directions on choice of High or County Court for various Family proceedings.
Gazette 15-Jul-1992
England and Wales
Updated: 08 April 2022; Ref: scu.80452
The court’s duty to a child’s welfare can override issues of legal professional privilege if necessary. Parties and their legal professional representatives appearing in a court on a Children’s Act matter had a positive duty to disclose material documents, including experts’ reports and even where otherwise protected by privilege. If not the court’s assessment of the risks facing a child may be distorted.
Thorpe J
Ind Summary 16-Aug-1993, Times 18-Aug-1993
Updated: 08 April 2022; Ref: scu.80368
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance of the right of access to a court, having regard to the prominent place held in a democratic society by the right to a fair trial.
There may be circumstances in which, without the assistance of a legally qualified representative, a litigant might be denied her Article 6 right to be able to present her case properly and satisfactorily. Ireland was in breach of Mrs. Airey’s Article 6 rights because it was not realistic to suppose that, in litigation of the type in which she was involved, she could effectively conduct her own case, despite the assistance which the judge affords to parties acting in person.
6289/73, Series A no 32, (1979) 2 EHRR 305, [1979] ECHR 3, (1980) 2 EHRR 305
European Convention on Human Rights 6
Human Rights
Cited – Boyle and Rice v The United Kingdom ECHR 27-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Costs and expenses award – Convention proceedings
The first applicant had been convicted and sentenced for murder and subsequent acts of . .
Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
See Also – Airey v Ireland ECHR 6-Feb-1981
Hudoc Judgment (Just satisfaction) Costs and expenses – claim rejected; Non-pecuniary damage – financial award; Pecuniary damage – claim rejected. . .
Cited – Steel and Morris v United Kingdom ECHR 15-Feb-2005
The applicants had been sued in defamation by McDonalds. They had no resources, and English law precluded legal aid for such cases. The trial was the longest in English legal history. They complained that the non-availablility of legal aid infringed . .
Cited – Campbell v MGN Ltd (No 2) HL 20-Oct-2005
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed . .
Cited – MAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Cited – Lopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
Cited – Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis Admn 23-May-2011
Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that . .
Cited – Apollo Engineering Ltd v James Scott Ltd (Scotland) SC 13-Jun-2013
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an . .
Cited – Q v Q FD 21-May-2014
The father sought contact with his child. It was resisted by the mother. He was a convicted sex offender with offences against young male children. Expert evidence had been obtained, and he wished to challenge it. However, legal aid had been . .
Cited – In re X and Others (Deprivation of Liberty) CoP 7-Aug-2014
inreX_dolCoP1408
The court considered the practical and procedural implications for the Court of Protection of what was expected too be a large increase in its case-load which following the Supreme Court’s decision in Surrey County Council v P where it was held that . .
Cited – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Cited – OWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs SC 19-Jun-2019
The wholesalers sought approval from the respondent for the wholesale supply of duty-paid alcohol. Approval was refused, but the parties sought a means of allowing a temporary approval pending determination by the FTT. The two questions considered . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 April 2022; Ref: scu.164888
Concept of ‘Rights of Access’ – Applicability To Grandparents – Opinion – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Scope — Concept of ‘rights of access’ – Applicability to grandparents)
C-335/17, [2018] EUECJ C-335/17 – O, ECLI:EU:C:2018:242, [2018] EUECJ C-335/17
European
Updated: 07 April 2022; Ref: scu.608653
Application by LS, a judgment debtor, to set aside a default judgment in the sum of pounds 107,361.07 obtained by solicitors LMP. LMP acted for LS in the context of financial claims arising as a result of divorce proceedings between LS and her former husband, RS. The litigation between these former spouses has been ongoing in the Family Division since 2011; it has been bitterly contested, highly acrimonious, and extremely expensive.
Roberts J
[2018] EWHC 449 (Fam)
England and Wales
Updated: 07 April 2022; Ref: scu.608310
Keehan J
[2018] EWHC 583 (Fam)
England and Wales
Updated: 07 April 2022; Ref: scu.608306
Appeal from registration of French court in divorce
Theis J
[2018] EWHC 484 (Fam)
England and Wales
Updated: 07 April 2022; Ref: scu.608308
[2018] EWHC 432 (Fam)
England and Wales
Updated: 07 April 2022; Ref: scu.608300
[2018] EWHC 548 (Fam)
England and Wales
Updated: 07 April 2022; Ref: scu.608302
[2018] EWHC 283 (Fam)
England and Wales
Updated: 07 April 2022; Ref: scu.608297
Footnote to main judgment.
Sir James Munby
[2020] EWFC 70
England and Wales
Main Judgment – FS v RS and JS FC 30-Sep-2020
Financial Relief for Adult son – No Jurisdiction
Adult but vulnerable son seeking financial relief against married and cohabiting parents.
Held: Refuse . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 April 2022; Ref: scu.655591
Ancillary relief – family assets held in trusts.
Baron J
[2004] EWHC 1066 (Fam)
England and Wales
Updated: 06 April 2022; Ref: scu.221040
Mr Justice Williams
[2019] EWHC 932 (Fam)
Matrimonial and Family Proceedings Act 1984 13
England and Wales
Updated: 06 April 2022; Ref: scu.639750
Recognition of an overseas divorce, and whether UK court had jurisdiction.
[2019] EWCA Civ 738
England and Wales
Appeal from – Lachaux v Lachaux FD 2-Mar-2017
. .
Lists of cited by and citing cases may be incomplete.
Updated: 06 April 2022; Ref: scu.636709
Application by LS, a judgment debtor, to set aside a default judgment.
Roberts J
[2018] EWHC 449 (Fam)
England and Wales
Updated: 06 April 2022; Ref: scu.606433
Application for paternity declaration
Williams J
[2017] EWHC 3624 (Fam)
England and Wales
Updated: 06 April 2022; Ref: scu.606367
Appeal from a case management decision to dismiss or refuse the husband’s application to instruct an employment expert and the husband appeals from that refusal.
Moor J
[2017] EWHC 3643 (Fam)
England and Wales
Updated: 06 April 2022; Ref: scu.606362
[2018] EWFC EWFC B12
England and Wales
Updated: 06 April 2022; Ref: scu.606357
Application for leave to publish family judgment
[2018] EWFC B10
England and Wales
Updated: 06 April 2022; Ref: scu.606355
[2018] EWFC 11
England and Wales
Updated: 05 April 2022; Ref: scu.605861
Pre-trial review in an application for financial remedies.
Holman J
[2018] EWHC 371 (Fam)
England and Wales
Updated: 05 April 2022; Ref: scu.605718
Appeal after financial remedies order made by consent.
Cohen J
[2018] EWHC 340 (Fam)
England and Wales
Updated: 05 April 2022; Ref: scu.605716
Philip Mott QC
[2018] EWHC 287 (Admin)
England and Wales
Updated: 05 April 2022; Ref: scu.605609
Appeal from finding in fiancial relief application that assets held within a foreign trust was not a resource within the family.
King, David Richards, Moylan LJJ
[2017] EWCA Civ 405
England and Wales
Updated: 05 April 2022; Ref: scu.588329
[2017] ScotCS CSOH – 151
Family Law (Scotland) Act 2006
Scotland
Updated: 04 April 2022; Ref: scu.605061
[2018] EWFC B2
England and Wales
Updated: 03 April 2022; Ref: scu.603255
[2018] EWFC 6
England and Wales
Updated: 03 April 2022; Ref: scu.603254
[2018] EWFC 5
England and Wales
Updated: 03 April 2022; Ref: scu.603253
[2020] EWHC 1117 (Fam)
Female Genital Mutilation Act 2003
England and Wales
Updated: 03 April 2022; Ref: scu.655221
[2019] EWHC 167 (Fam)
England and Wales
Updated: 03 April 2022; Ref: scu.633222
[2017] EWFC B99
England and Wales
Updated: 03 April 2022; Ref: scu.602660
[2017] EWFC B85
England and Wales
Updated: 03 April 2022; Ref: scu.602646
[2017] EWFC B90
England and Wales
Updated: 03 April 2022; Ref: scu.602653
[2017] EWFC B87
England and Wales
Updated: 03 April 2022; Ref: scu.602641
[2017] EWFC 71
England and Wales
Updated: 03 April 2022; Ref: scu.602636
[2017] EWFC B81
England and Wales
Updated: 03 April 2022; Ref: scu.602642
[2017] EWFC 100
England and Wales
Updated: 03 April 2022; Ref: scu.602644
[2017] EWFC B92
England and Wales
Updated: 03 April 2022; Ref: scu.602645
[2017] EWFC 80
England and Wales
Updated: 03 April 2022; Ref: scu.602638
[2017] EWFC B1
England and Wales
Updated: 03 April 2022; Ref: scu.602639
[2017] EWFC 101
England and Wales
Updated: 03 April 2022; Ref: scu.602640
[2017] EWFC B82
England and Wales
Updated: 03 April 2022; Ref: scu.602647
[2017] EWFC 60
England and Wales
Updated: 03 April 2022; Ref: scu.602637
[2017] EWFC B86
England and Wales
Updated: 03 April 2022; Ref: scu.602650
[2017] EWFC B98
England and Wales
Updated: 03 April 2022; Ref: scu.602648
[2017] EWFC B84
England and Wales
Updated: 03 April 2022; Ref: scu.602652
[2017] EWFC B95
England and Wales
Updated: 03 April 2022; Ref: scu.602643
[2017 EWFC B88
England and Wales
Updated: 03 April 2022; Ref: scu.602649
[2017] EWFC 18
England and Wales
Updated: 03 April 2022; Ref: scu.602635
[2018] EWFC 3
England and Wales
Updated: 03 April 2022; Ref: scu.602632
[2018] EWFC 1
England and Wales
Updated: 03 April 2022; Ref: scu.602634
[2017] EWFC 83
England and Wales
Updated: 03 April 2022; Ref: scu.602631
Cobb J
[2017] EWHC 3162 (Fam)
England and Wales
Updated: 02 April 2022; Ref: scu.601939
[2017] EWHC 3078 (Fam)
England and Wales
Updated: 02 April 2022; Ref: scu.601935
[2017] EWHC 3184 (Fam)
England and Wales
Updated: 02 April 2022; Ref: scu.601934
[2017] EWHC 2991 (Fam)
England and Wales
Updated: 02 April 2022; Ref: scu.601933
[2017] EWHC 2581 (Fam)
England and Wales
Updated: 02 April 2022; Ref: scu.601932
[2017] EWHC 858 (Fam)
England and Wales
Updated: 02 April 2022; Ref: scu.601931
Mann J
[2017] EWHC 3319 (Ch)
England and Wales
Updated: 02 April 2022; Ref: scu.601842
[2016] NIFam 11
Northern Ireland
Updated: 02 April 2022; Ref: scu.599732
[2017] NIFam 10
Northern Ireland
Updated: 02 April 2022; Ref: scu.599727
[2016] NIFam 10
Northern Ireland
Updated: 02 April 2022; Ref: scu.599738
[2017] NIFam 2
Northern Ireland
Updated: 01 April 2022; Ref: scu.599721
[2017] NIFam 7
Northern Ireland
Updated: 01 April 2022; Ref: scu.599726
[2017] NIFam 6
Northern Ireland
Updated: 01 April 2022; Ref: scu.599724
[2017] NIFam 1
Northern Ireland
Updated: 01 April 2022; Ref: scu.599719
[2017] NIFam 4
Northern Ireland
Updated: 01 April 2022; Ref: scu.599720
Applications by H for declarations that a divorce granted in 2009 in Dubai is entitled to recognition in England and Wales under s.45 of the 1986 Act, and of status under s.55 of the Act, and going with that his application to strike out the prayer in the petition brought by the respondent in this jurisdiction.
Held: The divorce should not be recognised on both grounds, both that of notice and ability to participate. As to notice, the wife had no notice at all. All she had was a Power of Attorney which she could not read or understand, a copy of which had not been provided to her. Furthermore, as to revocability inder Moslem law, the continued intention to remain married during the relevant period has been shown by W..
Cohen J
[2017] EWHC 2932 (Fam)
England and Wales
Cited – Duhur-Johnson v Duhur-Johnson FD 3-May-2005
The husband sought to stay divorce proceedings commenced here by his wife, saying that they had already been divorced in Nigeria. The wife said the Nigerian proceedings should not be recognised in English law.
Held: The cases established: 1) . .
Cited – Lachaux v Lachaux FD 2-Mar-2017
. .
Lists of cited by and citing cases may be incomplete.
Updated: 01 April 2022; Ref: scu.599577
[2017] EWFC B79
England and Wales
Updated: 01 April 2022; Ref: scu.599214
[2017] EWFC B74
England and Wales
Updated: 01 April 2022; Ref: scu.599218
[2017] EWFC B77
England and Wales
Updated: 01 April 2022; Ref: scu.599203
[2017] EWFC B65
England and Wales
Updated: 01 April 2022; Ref: scu.599215