K (formerly G) v G: FD 28 Jan 2004

In an ancillary relief action it had been anticipated that the husband would at a future time inherit a substantial amount. An order was made but an express order for a capital sum was adjourned. The wife then remarried, and later, and after the wife’s second marriage had come to an end, the former husband did receive the inheritance. The former wife sought to pursue the claim, and the husband argued that her subsequent marriage barred the action.
Held: The wife’s claim was not barred. The rationale behind the original order was that matters should be left unconcluded until the inheritance. Neither precedent nor statute gave assistance. The wife’s contribution had been particularly effective because of the support she had given to the family’s children. That element which was to have been reflected in the original claim was not affected by the subsequent remarriage, and in those circumstances the former wife’s claim should be allowed to go ahead.
Singer J
Times 13-Feb-2004, Gazette 26-Feb-2004
Matrimonial Causes Act 1973 25
England and Wales

Updated: 24 January 2021; Ref: scu.193475