H v H (Family Provision: Remarriage): CA 1975

The court considered the effect of a remarriage on a financial provision order made on divorce. Sir George Baker P said: ‘The prospect, chance or hope of remarriage is, I think, irrelevant, but the fact of remarriage, which does not admit of speculation, is in my judgment, something which the court must consider in the course of carrying out its statutory duty under section 25 of the Act of 1973 ‘to have regard to all the circumstances of the case’.’


Sir George Baker P


[1975] Fam 19


Matrimonial Causes Act 1973 25


England and Wales


FollowedSmith v Smith FD 1976
The husband sought to re-open settled ancillary relief arrangements after his former wife remarried.
Held: He had to take the chance of her remarriage. Latey J gave guidance on this question and said: ‘If the wife had remarried or was going to . .

Cited by:

CitedDixon v Marchant CA 24-Jan-2008
The parties had only recently settled their ancillary relief proceedings by consent when the former wife remarried. The former husband sought the setting aside of the order. The wife had denied the relationship. The judge had found the conditions in . .
Lists of cited by and citing cases may be incomplete.


Updated: 07 May 2022; Ref: scu.263872