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 finances. He failed to apply to vary the order, and the wife issued a judgment summons, which led to an order for imprisonment (suspended) of the husband under the Act.
Held: The court had first to decide on the need for any variation before it could know whether the 1869 Act could bite. The procedure set down in Mubarak had not been followed and the appeal succeeded.
Judges:
Lord Justice Dyson, Mr Justice Gibbs
Citations:
[2003] EWCA Civ 559
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Mubarak v Mubarak FD 30-Nov-2000
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 . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 27 October 2022; Ref: scu.181121